Thailand is currently in need of building competence for competition to continuously gain the nation’s economic competence to create sustainable economic growth and expansion and to increase small private business competence in the country. In doing so, Thailand needs to have clear and efficient antitrust law in accordance with the international standards, to prevent any action obstructing competition in the market. This especially calls for the development of efficient antitrust private enforcement practice which would not only result in business operators having to improve their business competence for further competition, but also help reducing Trade Competition Commission’s operating costs. Thus, it is crucial to improve the procedures and practices in antitrust private enforcement to meet international standards.
Problems on Thai antitrust private enforcement occur because Thai antitrust law (Competition Act B.E. 2560) has no specific provisions for claims for damages from actions in breach of antitrust law. This may be because of the fact that such claims have not got enough attention as one method to efficiently enforce antitrust law. In the drafting procedure of this Competition Act, there is no remarks, assertions, or discussions concerning the practical thoughts or theories for antitrust private enforcement. This may lead to the consideration that there has not been any developed thoughts or theories on Thai antitrust private enforcement especially on the topics of the passing-on effect, the effect of Competition Authority decision, the disclosure of evidence, the quantification of damages, the right and just limitation period, the liability when involving more-than-one parties, and the effect of consensual dispute resolution. Therefore, the implication and application of the law on Thai antitrust private enforcement will consequently be in accordance with the existing provisions and principles which may not be perfectly suitable considering the uniqueness of the antitrust private enforcement. Thus, there is a need to study the ways to amend Competition Act B.E. 2560 considering the uniqueness of the antitrust private enforcement.