Page 109 - kpiebook67020

108 การศึกษาการป้องกันวิกฤตสังคมในอนาคต

2) The Trade Competition Act Without Criteria of Law

Enforcement

Interpreting the law and exercising discretion beyond the

limits allowed by the law can result in granting the Trade Competition
Commission excessive authority in decision-making. Legal provisions in

Section 50 explicitly prohibit business operators with significant market
power from engaging in specific actions, such as unfairly setting or

maintaining product prices, imposing unfair conditions that restrict their
trading partners' services, production, purchase, or distribution of goods,

etc., and Section 54 forbids any collaboration among business operators
competing in the same market resulting in monopolization, reduced

competition, or competition restrictions in ways defined by law.

However, the legislation is specific in defining a "monopoly

business operator" as the sole operator remaining in the market.
This narrow definition may lead to an interpretation of monopoly that

runs contrary to the spirit of competition law. This interpretation could
result in those who violate the law not being held accountable under the

law, even when their actions effectively create a monopoly in the market.

Moreover, the absence of necessary criteria for law enforcement

can lead to discretionary issues that are neither neutral nor unbiased.
It is crucial to consider situations where the commission may have