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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Abstract
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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References
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