(7/2007)
The Trade and Competition Act has been in force since 1999, so far without any determination as to the percentage of market share that shall constitute a “monopoly” for the purposes of the Act.
The Cabinet has now approved the criteria for making this determination. There shall be a market monopoly where:-
1. A business operator in the goods or services sector has held market share of 50 per cent. or more throughout the preceding year and generated sales of Baht 1,000 million or more throughout the preceding year; or
2. The top three business operators in a goods or service sector of the market who have had market share in aggregate of 75 per cent. or more throughout the preceding year, and sales generated by any of them throughout the preceding year accounted for Baht 1,000 million or more, (except where one of the three operator’s market share throughout the preceding year was lower than 10 per cent. or its sales throughout the preceding year were less than Baht 1,000 million).
The above criteria are pending the Minister of Commerce’s endorsement and publication in the Government Gazette before coming into force by way of the notification of the Ministry of Commerce.
