1. How to Ensure Effective Implementation of a Competition law ?
LAUNCH MEETING: 7- UP II
Hanoi, May 23, 2004
Deunden Nikomborirak
Thailand Development Research Institute
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2. Competition Law and Policy in Thailand
Trade Competition Act 1999
Office of Trade Competition Commission, Ministry of Commerce (not independent of the executive power)
Composition of Commission (not independent of the business sector)
Performance of Commission ( ) - 3 cases in total
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3. What went wrong? politic interventions and business interests
lack of financing required for investigation
lack of clear implementing rules and regulations give rise to inconsistent and seemingly discriminatory enforcement
lack of protection for “whistle blowers” or informants
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4. What went wrong?
… as well as lack of awareness and support from the public, including NGOs, consumer groups, the media and the business community
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5. What does an effective implementation require?
independence of the competition authority is crucial, in particular when business-politics ties are strong. Independence need to be balanced with accountability, however.
impartiality of commissioners must be guaranteed, which requires strong standards with respect to conflicts of interest.
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6. What does an effective implementation require?
Transparent procedures (disclosures) and due process (appeals procedures, hearings, rule-making notifications, etc.) are the keys to fair and effective implementation.
Clear and comprehensive implementation rules and regulations need to be established in order to minimize administrative discretion.
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7. What does an effective implementation require?
effective protection of confidential information.
effective protection of informants against adverse consequences
Last but certainly not least, support from civil society, NGOs, academics, media, the business community and consumer groups.
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