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a relationship with a business operator who is the subject of a complaint.
In cases where the commission exercises discretion in providing
interpretations to business operators accused of violating the law and finds
no fault, it will adversely affect the individual who filed the complaint
with the court. Those who step forward to disclose information may
subsequently face legal action, such as potential defamation lawsuits,
from business operators accused of law violations. This situation can
further exacerbate the challenges in protecting business operators who
may be affected by the exertion of market power. The exercise of such
discretion has consequently become a hindrance in prosecuting those
who violate the law.
3) Exemption for State Enterprises in Public Utilities
The 2017 Trade Competition Act includes an exemption from
judicial review for state enterprises, particularly in cases related to
public utilities such as electricity, water, energy, and oil. This exclusion,
if not addressed, could potentially lead to concentration issues within
the public utility sector and unfair competition. The monopolistic
nature of the public utility system can provide an advantage to other
businesses in practice. It should be subject to consideration regarding
market dominance, monopoly, or unfair competition, similar to general
cases.