Abstract:
The "market dominance" criterion is used for defining the business operator having dominant power over the market that is the key to enforcing Section 25 of the Trade Competition Act B.E. 2542 of Thailand. As the Trade Competition Commission's notification on the criterion is inadequately appropriate, this research aims to study the "market dominance" criteria of other jurisdictions in an effort to obtain efficiently models practically properly applicable to the Thai context. It is discovered through the study that the "market dominance" criterion in monopolization or abuse of dominance position cases of each jurisdiction is unique and different from one another as a result of is economic principles and belief, regulatory systems over market dominance, and economic and social cultural conditions. While the United Sates employs the "1997 Horizontal Merger Guidelines", greatly bases on various economic theories, to define " relevant market" and assess "market share" or "concentration ratio" in an attempt to indicate the dominant power-possessing operator, the European Union, albeit economic conception is involved, dramatically shifts its focus to other specific schemes of defining the business operator having power over the market, which results in the "1997 Commission Notice on the Definition of Relevant Market for the Purpose of Community Competition Law" being issued, to define relevant market and assess market share or other factors indicating dominance. Like the United States, Japanese criterion, the "2004 Guidelines To Application Of The Antimonopoly Act Concerning Review of Business Combination", is heavily backed by economic propositions, and thus produces the deal with the "market dominance" matter; however, domestic and international social conditions as well as other related factors are considered in making adjustments to the criterion. Lastly, Korea, in the absence of a distinct criterion and Guideline, constitutes assumptions of market dominance as befitted a legal mechanism for enforcing the law.