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competition law lacks the necessary criteria for effective enforcement,
leading to a situation where most considerations rely on the discretion
of the commission rather than adhering to specific legal provisions.
For instance, criteria for identifying market dominance and methods
for reducing or limiting competition remain ambiguous. The established
monopoly criteria, which specify leaving only one operator in the market,
do not result in legal action in response to complainants. In summary,
the trade competition law suffers from a significant limitation, as it
sets punitive criteria that are excessively difficult to apply. Therefore,
the researcher suggests that amendments to the 2017 Trade Competition
Act must provide clear and flexible legal provisions to enhance the
efficiency of law enforcement. The details of these proposed solutions
are divided as follows.
1) Amendments to Trade Competition Laws include: (1) the
appointment of the Trade Competition Commission; (2) to support
transparency and law enforcement by setting clear criteria for
consideration of complaints in order to prevent the commission from
using its own discretion; (3) amendments to Section 5 regarding filing
lawsuits for damages; and (4) amendments to Section 6 regarding penalties.
2) The roles and responsibilities of the Trade Competition
Commission include: (1) the public disclosure of detailed information
about businesses that have been subjects of complaints and the operations
of the office in order to enable the public to participate in investigations