Defining Dominant Market Position under Trade Competition Law

Abstract

Market dominance is the ability of business operators to price their products or services higher or less than the price level of commercial competition. Over the course of a period of time, being a market dominant under the competition law is not guilty. Usually, all business operators require a high level of profit or market share of business operations. However, this Market authority is guilty only if they commit unlawful acts of competition as required by law. Market dominated business operators are a very important character of competitive competition law enforcement because the law considers business operators with market dominance can make or break down significant competition. As a result, the competition law system in different countries is a priority and imposes strict regulatory criteria on the commercial behavior of such dominant market position. Since some dominant market positions often behave as anti-competitive to maintain their interests in pursuit of profit it is impossible to compete because small business operators are not competent enough to compete with market authority. Therefore, it is important to consider the criteria for determining the business operator, with market dominance. This is to guide the consideration of the unconstitutional actions of the business operators who dominate the market and are regulated by more rigorous business habits than ordinary business operators. Due to the same actions of both types of business operators, different market impacts may occur. Moreover, the unlawful use of market dominance will be difficult to control the unlawful behavior of market authority. Studies have shown that the criteria for determining business as a business operator who dominate the market under Thailand’s current competition law are lacking in clarity, flawed, and limited. This article focuses on the problem conditions that affect the determination of business operators who dominates the market in accordance with Thailand’s competition law as well as comparing the approach to determining business operators who dominate the market of international rules and foreign laws such as the European Union, Republic of Germany, Japan and South Korea. It was found that different criteria are defined according to the context of each country. This could help provide guidelines for the development of Thailand’s legal guidelines to propose a revision of the law, as well as relevant criteria and guidelines for effective enforcement of competition laws.