The Problem on Controlling Behavior of Unfair Competition in Particular Digital Business under Thai Competition Law in the Era of Big Data

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Rungnapa Adisornmongkon
Setthabut Ittithamwinit


This research aimed to study the behavior that impedes competition in the digital markets and the legal measure of Thai competition law for controlling such behavior comparing with the European and German laws. The finding revealed that anti-competitive conducts in the digital market are different from the traditional market. The anti-competitive conducts of a common undertaking aim excessive profit. However, the digital industries that offer their services via platforms and applications with zero-price to users collect data so called Big Data, and use the value in those data to monetize from the tailored advertising. So far, the possible anti-competitive conduct of the undertaking has changed to the acquirement of a huge amount of data to his own business. Nevertheless, the provisions of the Trade Competition Act B.E 2560 do not cover those kinds of conduct on the ground of Big Data, in the meanwhile, the European and German competition laws had the provisions for coping with this issue. This research proposed to amend the Trade Competition Act as (1) to revise the principle for considering a position of dominant undertaking and, (2) to add the provision of controlling measure on the behavior of the undertaking in the digital markets as the approach of Germany.

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How to Cite
Adisornmongkon, Rungnapa, and Setthabut Ittithamwinit. “The Problem on Controlling Behavior of Unfair Competition in Particular Digital Business under Thai Competition Law in the Era of Big Data”. Naresuan University Law Journal 14, no. 1 (June 18, 2021): 103–129. Accessed June 21, 2024.
Research Articles


Accardo, Grabriele. “Big data: Italian Authorities Launch Inquiries on Competition, Consumer Protection and Data Privacy Issues.” Last modified March 1, 2018. Accessed May 20, 2020.

Deunden Nikomborirak, and Prasopsuk Sungboonmak. Trade and Competition. Bangkok: Thammasart University Press, 2550. [in Thai]

European Commission. “Fact sheet- Antitrust: Commission Opens Formal Investigation Against Google in Relation to Android Mobile Operating System.” Last modified April 15, 2015. Accessed May 20, 2020. https://ec.europa/ commission/presscorner/detail/MEMO _15_4782.

European Commission. “Fact Sheet: Commission Sends Statement of Objections to Google on Comparison Shopping Service.” Last modified April 15, 2015. Accessed May 15 2020.

European Commission. “Press Release- Antitrust: Commission Opens Investigation into Possible Anti-Competitive Conduct of Amazon.” Last modified July 17, 2019. Accessed January 29, 2020. detail/en/ip_19_4291.

European Competition Network. “Bundeskartellamt Initiates Proceeding Against Facebook on Suspicion of Having Abused its Market Power by Infringing Data Protection Rules.” Last modified 2015. Accessed January 29, 2020.

Kanokdanai Thavornpanich. “Ordoliberalism and the Influence to the European Competition Law”. Accessed January 20, 2020.แนวคิดเสรีนิยมแบบออร_โด_Ordoliberalism_กับอิทธิพลต่อกฎหมายการแข่งขันทางการค_าของสหภาพยุโรป. [in Thai]

Ringel, Daniel M., and Skiera Bernd. ”Visualizing Asymmetric Competition Among More Than 1,000 Products Using Big Search Data.” Market Science 35, no. 3 (2016): 511-534.

Rubinfeld, Daniel L., and Gal, Michal S. “Access Barriers to Big Data.” Arizona Law Review 59 (2017): 339-381.

Sorawit Limparungsri. Competition on Trade Law: Basic Concept, Purpose, and Problems. Bangkok: Nititham Publishing, 2543. [in Thai]

Stucke, Maurice E., and Grunes, Allen P. Big Data and Competition Policy. Oxford: OUP, 2016.

Suthee Supanit. Principle and Doctrine of Competition on Trade Act B.E. 2542. Bangkok: Thammasart University Press, 2555. [in Thai]