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110 การศึกษาการป้องกันวิกฤตสังคมในอนาคต

4) Criteria for Monopolization Inconsistent with Economic
Conditions of Thailand

A guilty person must possess 50% of market gain, rendering the

criteria inconsistent with Thailand's economic system. Business competition
in Thailand typically occurs in small markets. According to the provisions
of the Trade Competition Act, the determination of market power without

meeting these two criteria will not be considered as having power over

the market. Consequently, setting the criteria for business operators having
power over the market in this manner may lead to situations where
business operators can violate the law, reduce competition, and engage

in unfair practices without being held accountable due to not meeting

the criteria or the Trade Competition Commission's standards.

5) The Complicated Criteria to Prove Guilt

These circumstances result in limitations when considering legal
proceedings. For instance, the provisions of the Trade Competition

Act require proof of guilt in exercising market power to cause reduced
competition, limitations on competition, monopoly, and negatively

impacts on other businesses. Offenses must be beyond reasonable doubt
to become eligible for entering the legal process. Evidence of intention to

engage in monopolistic or anti-competitive practices to eliminate other
business operators is a significant volume of information to assess and

to be anticipated.