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2.1 Fair Competition through the 2017 Trade
Competition Act

Problem

The literature review and interviews with experts revealed
shortcomings in the provisions of the Trade Competition Act B.E.2560

(2017) and problems of law enforcement by relevant agencies. The issues
can be divided as follows.

1) Independence of the Trade Competition Commission

The Trade Competition Commission is composed of members
from government agencies and the private sector, with appointments

subject to approval by the Cabinet. The appointment system has resulted
in most of the members holding political positions or being government

officials, with a minority of representatives from the private sector.
This composition suggests that political parties can interfere with the

decisions or confer advantages upon political parties. Consequently,
the operations of the Trade Competition Commission lack true

independence and transparency, despite the fact that the Office of
the Trade Competition Commission is designated as an independent

organization. Since the office relies on budgets provided by government
agencies, it fails to achieve genuine independence. As a result, the

organizational structure of the Trade Competition Commission has become
one of the issues impeding the effective performance and enforcement

of laws to promote fair competition, contrary to the intended objectives.