Limitation period issues for private enforcement under the Thai competition law

Competition law plays a crucial role in the global economy, fostering fair business practices and preventing monopolistic behaviors that can stifle innovation and limit consumer choice. The enforcement of competition law is a pivotal mechanism to ensure the fair operation of market forces and safeguard consumer interests. Private enforcement is an essential instrument in ensuring the effectiveness of competition law since they help antitrust enforcers discover problems and augment their casework with private resources. Private enforcement is popular in the U.S. and the E.U. However, in Thailand, there are no single civil claim from private parties even though Thai law allow private parties to sue for damages from the violators of competition law. This can be attributed to the relatively short one-year limitation period outlined in Section 70 of the Trade Competition Act B.E. 2560 (2017) (“Trade Competition Act”). This independent study examines the short length of limitation period by a comparative study between Thai, the U.S., and German laws that is relevant the limitation period for private enforcement of competition law. This is done by documentary research to compare limitation period between the jurisdictions. From this study, it has been clear that the one-year limitation period in the Thai Trade Competition Act fails to serve its intended purposes such as legal certainty, the balance between plaintiffs and the defendants’ benefits, and litigation volume control. When comparing to the U.S., the limitation period stands at four years, while in Germany, it extends to five years, these longer durations provide plaintiffs with a more conducive environment for navigating legal processes, allowing for a thorough investigation, consultation with experts, and adequate preparation for litigation. Extending the limitation period in Thai competition law to at least 5 years represents a critical step toward enhancing access to justice, promoting fairness, and aligning with global standards.