Procedural challenges in the multi-layered enforcement of Thai competition law

This independent study aims to examine the procedural challenges of multi-layered enforcement under Thai competition law and to identify suitable doctrinal solutions for addressing these issues. The problem arises from the lack of interconnection procedures among dedicated authorities governing anti-competitive practices, which have complex and unique characteristics, particularly stemming from the dual court system structure. The paper elaborates on the due process regarding concurrent litigation arising from a single action for the same violator, along with the law and economics approach. To address this, the study conducts a comparative analysis of Thai, German, and Italian law, as all three are based on a dual court system. Each jurisdiction employs a multi-layered approach to competition law enforcement; however, Thailand has the most layers due to the involvement of criminal sanctions, whereas the others consist solely of administrative punishment and damages claims. The study indicates that the multi-layered enforcement under Thai law tends to infringe on procedural due process, potentially affecting either the defendant or society as a whole. The independent undertaking of designated institutions not only diminishes legal certainty but also places an undue burden on the perpetrator by requiring them to contend with concurrent litigation simultaneously. German and Italian laws provide specific procedural regulations that address the judiciary's independence in competition law matters in their own ways, despite the differences in their dedicated institutions. The German regulation designates the ordinary court as the competent authority for adjudicating all competition law disputes, including both private litigation and judicial reviews of administrative authorities' decisions, while the Italian law distinguishes juridical authorities in governing private enforcement and judicial review.The study ultimately suggests an implication of the German approach by assigning the Intellectual Property and International Trade Court to be competent in all judicial issues regarding anti-competitive practices, including criminal sanctions, damages claims, and judicial reviews of competition authority decisions.