Problems Relating to Commodity Bundling under the Trade Competition Act B.E. 2560 (2017) in Thailand

Abstract

Business operators in Thailand currently favor the Sale of Commodity Bundling (Bundling), leading to mixed results in market competitiveness. Thailand’s Trade Competition Act B.E. 2560 (2017; The Act) and its expanded powers for the Office of Trade Competition Commission (OTCC) do not specify guidelines for determining legal liability for Bundling. In addition, Thailand has never made a ruling regarding Bundling. This article aims to study Bundling that have a negative impact on competition in the market which is against the competition laws by studying law Judgments and practices of foreign countries such as the United States and the European Union.

The author concludes that Bundling was not illegal per se, but legal liability emerging from such actions requires consideration of cost, product price, and result as it affects market competition. These findings suggest that the Thai Office of Trade Competition Commission should set clear guidelines for evaluating legal liability.