How to Ensure Effective Implementation of a Competition law ? LAUNCH MEETING: 7- UP II Hanoi, May 23, 2004 Deunden Nikomborirak Thailand Development Research Institute 7/31/2019

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 (1999 - 2002) - 3 cases in total 7/31/2019

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 7/31/2019

What went wrong? … as well as lack of awareness and support from the public, including NGOs, consumer groups, the media and the business community 7/31/2019

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. 7/31/2019

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. 7/31/2019

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. 7/31/2019