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Competition Act, B.E. 2542 (1999)

 www.ThaiLaws.com

www.ThaiLaws.com 1

Competition Act, B.E. 2542 (1999)

Translation

Bhumibol Adulyadej, Rex.,

Given on the 22nd Day of March B.E. 2542;

Being the 54th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have a law on competition by revising the rules relating to anti-

monopoly provided in the law on price fixing and antimonopoly;

Whereas it is aware that this Act contains certain provisions in relation to the restriction of

rights and liberties of persons, in respect of which Section 29, in conjunction with Section

31, Section 35, Section 36, Section 45, Section 48 and Section 50 of the Constitution of

the Kingdom of Thailand so permit by virtue of the provisions law;

Be it, therefore, enacted by the King, by and with the advice and consent of the National

Assembly, as follows:

Section 1

This Act is called the "Competition Act, B.E. 2542 (1999)"

Section 2

This Act shall come the date of its publication in the Government Gazette."

Section 3

In this Act:

"business" means an undertaking in agriculture, industry, commerce, finance, insurance,

and services and shall include, other undertakings prescribed by Ministerial Regulations;

"finance" means commercial banking under the law on commercial banking, finance and

credit foncier businesses under the law on operation of finance, securities and credit

foncier businesses, and securities business under the law on securities and securities

exchange;

"business operator" means a distributor, producer for distribution, orderer or importer into

the Kingdom for distribution or purchaser for production or redistribution of goods or a

service provider in the course of business;

"goods" means an article capable of utilization or consumption, including a document of

title to an article;

"service" means the procurement of work by way of commission, the granting of any right

or the giving of permission to use or to have benefits in any property or any undertaking in

return for monetary remuneration or other benefit but shall not include the hire of service;

"price" means a price of goods and shall also include remuneration for the performance of

a service;

"business operator with market domination" means one or more business operators in the

market of any goods or service who have the market share and sales volume above that

prescribed by the Commission with the approval of the Council of Ministers and published

in the Government Gazette, having regard to the market competition;

"Commission" means the Competition Commission;

"member" means a member of the Competition Commission;

"Secretary-General" means the Secretary-General of the Competition Commission;

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"competent official" means a Government official appointed by the Minister to perform

activities under this Act;

"Minister" means the Minister having charge and control of the execution of this Act.

Section 4

This Act shall not apply to the act of:

(1) Central administration, provincial administration or local administration;

(2) State enterprises under the law on budgetary procedure;

(3) Farmers' groups, co-operatives or co-operative societies recognized by law and

having as their object the operation of businesses for the benefit of the

occupation of farmers;

(4) businesses prescribed by the Ministerial Regulation, which may provide for

exemption from the application of this Act in whole or only in respect of any

particular provision thereof.

Section 5

The Minister of Commerce shall have charge and control of the execution of this Act,

provided that in respect of financial undertakings, the Minister of Commerce and the

Minister of Finance shall jointly have charge and control, and shall have the power to

appoint competent officials, issue Ministerial Regulations for the execution of this Act and

issue Notifications hereunder.

Such Ministerial Regulations and Notifications shall come into force upon their publication

in the Government Gazette.

CHAPTER I

Competition Commission

Section 6

There shall be the Competition Commission consisting of the Minister of Commerce as

Chairman, Permanent-Secretary for the Ministry of Commerce as Vice-Chairman,

Permanent-Secretary for the Ministry of Finance and not less than eight, but not more than

twelve, qualified persons with knowledge and experience in law, economics, commerce,

business administration or public administration appointed by the Council of Ministers,

provided that at least one-half of whom must be appointed from qualified members in the

private sector, as members and the Secretary-General shall be a member and secretary.

The appointment of the qualified persons under paragraph one shall be in accordance with

the rules and procedure prescribed in the Ministerial Regulation.

Section 7

A qualified person appointed as member must not be a political official, holder of a political

position, executive member or holder of a position with the responsibility in the

administration of a political party.

Section 8

The Commission shall have the powers and duties as follows:

(1) to make recommendations to the Minister with regard to the issuance of

Ministerial Regulations under this Act;

(2) to issue Notifications prescribing market share and sales volume off any

business by reference to which a business operator is deemed to have market

domination;

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(3) to consider complaints under Section 18 (5);

(4) to prescribe rules concerning the collection and the taking of goods as samples

for the purposes of examination or analysis under Section 19 (3);

(5) to issue Notifications prescribing the market share, sales volume, amount of

capital, number of shares, or amount of assets under Section 26 paragraph two;

(6) to give orders under Section 30 and Section 31 for the suspension, cessation,

correction or variation of activities by business operators;

(7) to issue Notifications prescribing the form, rules, procedure and conditions for

the application for permission to merge businesses or initiate the joint reduction

or restriction of competition under Section 35;

(8) to consider an application for permission to merge businesses or initiate the joint

reduction or restriction of competition submitted under Section 35;

(9) to invite any particular person to give facts, explanations, advice or opinions;

(10) to monitor and accelerate an inquiry sub-committee's conduct of an inquiry of

offences under this Act.

(11) to prescribe rules for the performance of work of the competent officials for the

purpose of the execution of this Act;

(12) to perform other acts provided by the law to be the powers and duties of the

Commission;

(13) to consider taking criminal proceedings as requested in the complaint lodged by

the injured person under Section 55.

Section 9

The qualified member under Section 6 shall hold office for a term of two years.

At the expiration of the term under paragraph one, if a new qualified member is not yet

appointed, the qualified member who vacates office at the expiration of the term shall

continue to hold office for the purpose of the performance of work until a newly appointed

qualified member takes office.

The qualified member who vacates office at the expiration of the term may be re-

appointed but may not serve for more than two consecutive terms.

Section 10

The provisions of Section 75, Section 76, Section 77, Section 78, Section 79, Section 80,

Section 81, Section 82 and Section 83 of the Administrative Procedure Act, B.E. 2539

(1996) shall apply to the appointment of a qualified member, the vacation of office of a

qualified member and a meeting of qualified members mutatis mutandis, and a qualified

member shall also vacate office upon being under the prohibitions under Section 7.

Section 11

The Commission may appoint a sub-committee to consider and make recommendations on

any matter or perform any act as entrusted and prepare a report thereon for submission to

the Commission.

Section 12

The Commission shall appoint one or more specialized sub-committees consisting of, for

each sub-committee, not less than four and not more than six persons qualified in the

matter concerned and having knowledge and experience in various fields such as law,

science, engineering, pharmacology, agriculture, economics, commerce, accountancy, or

business administration as members, with the representative of the Department of Internal

Trade as a member and secretary.

The specialized sub-committee shall elect one member as Chairman.

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Section 13

The specialized sub-committee has the duty to consider and give opinions to the Commission on the following matters, as entrusted by the Commission:

(1) the matter concerning the conduct indicative of market domination, a merger of

businesses, the reduction or restriction of competition under Section 25, Section 26, Section 27, Section 28 and Section 29;

(2) the consideration of an application for permission to merge businesses or initiate the reduction or restriction of competition under Section 37;

(3) other matters to be considered at the request of the Commission and other acts to be performed as entrusted by the Commission.

For the purpose of this Act, a specialized sub-committee may submit opinions or recommendations to the Commission with regard to the execution of this Act.

In carrying out the acts under paragraph one, the specialized subcommittee shall have the

power to issue a written summons requiring the persons concerned to give statements or furnish documents or any other evidence for supplementing its consideration.

Section 14

The Commission shall appoint one or more inquiry sub-committees consisting of, for each

sub-committee, one person possessing knowledge and experience in criminal cases who is

appointed from police officials, public prosecutors and, in addition, not more than four

persons possessing knowledge and experience in economics, law, commerce, agriculture,

or accountancy, as members, with the representative of the Department of Internal Trade as a member and secretary.

The inquiry sub-committee shall have the power and duty to conduct an investigation and

inquiry in connection with the commission of offences under this Act and, upon completion

thereof, submit opinions to the Commission for further consideration.

The inquiry sub-committee shall elect one member as Chairman.

Section 15

In the performance of the duties under this Act, a member of the Commission and a

member of an inquiry sub-committee under Section 14 shall have the same powers and duties as an inquiry official under the Criminal Procedure Code.

Section 16

In the case where the Commission submits to the public prosecutor the opinion for

prosecution, an objection to the public prosecutor's non-prosecution order under the

Criminal Procedure Code shall be the power to be exercised by the Chairman of the

Commission in place of the Commissioner-General of the Royal Thai Police Force or the Changwat Governor as the case may be.

Section 17

The provisions of Section 9 and Section 10 shall apply mutatis mutandis to the sub- committee, specialized sub-committee and inquiry sub-committee.

CHAPTER II

Office of the Competition Commission

Section 18

There shall be established the Office of the Competition Commission in the Department of

Internal Trade, Ministry of Commerce, with the Director-General of the Department of

Internal Trade as the Secretary-General, who shall be the superior official responsible for

the official affairs of the Office, with the powers and duties as follows:

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(1) to carry out administrative tasks of the Commission, the Appellate Committee

and sub-committees appointed by the Commission;

(2) to prescribe regulations for the purpose of the work performance of the Office of

the Competition Commission;

(3) to monitor the movement and oversee the conduct of business operators and

report the same to the Commission;

(4) to conduct studies, analyses and research in relation to goods, services, and

business conduct and make recommendations and give opinions to the

Commission on the prevention of market domination, merger of businesses and

reduction and restriction of competition in the operation of businesses;

(5) to receive complaints by which it is alleged by any person that violation of this

Act has occurred and to carry out its preliminary consideration for submission to

the Commission, in accordance with the regulations prescribed and published in

the Government Gazette by the Commission;

(6) to co-ordinate with Government agencies or agencies concerned, for the purpose

of the performance of duties under this Act;

(7) to perform the acts in the implementation of Notifications, regulations and

resolutions of the Commission and. perform such acts as entrusted by the

Commission, the Appellate Committee or the sub-committee appointed by the

Commission.

Section 19

In the execution of this Act, the competent official shall have the following powers;

(1) to issue a written summons requiring any person to give statements, facts or

written explanations or furnish accounts, records, documents or any evidence

for examination or supplementing his consideration,

(2) to enter the place of business, place of production, place of distribution, place of

purchase, warehouse or place of service of the business operator or of any

person or other place reasonably suspected to have therein a violation of the

provisions of this Act, for the purpose of examining the conformity with this Act

or for searching and seizing evidence or property which may be confiscated

under this Act or arresting the offender under this Act without a warrant of

search in the following cases:

(a) where a flagrant offence is evidently being committed in the place;

(b) where a person having committed a flagrant offence has, while being

pursued, taken refuge, or there are serious grounds for suspecting that

such person is concealing, in the place;

(c) where there are reasonable grounds for suspecting that the evidence or

property which may be confiscated under this Act is found in the place and

there are reasonable grounds to believe that by reason of delay in

obtaining a warrant of search the evidence or property is likely to be

removed, concealed, destroyed or transformed from its original state;

(d) where the person to be arrested is the owner of the place and there is a

warrant for such arrest or such arrest may be made without a warrant;

Provided that, for these purposes, the competent official has the power to

inquire into facts or summon accounts, records, documents or other evidence

from the business operator or from the person concerned or order such persons

who are in such place to perform necessary acts;

(3) to collect or take goods, in a reasonable quantity, as samples for an examination

or analysis without payment of the prices of such goods, in accordance with the

rules prescribed by the Commission in the Government Gazette;

(4) to attach documents, accounts, records or evidence for the purpose of

examination and taking legal proceedings under this Act.

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Section 20

In the performance of duties of the competent official, a person concerned shall render reasonable assistance.

Section 21

In the performance of duties, the competent official shall produce an identification card to the persons concerned.

The identification card shall be in accordance with the form prescribed by the Minister in

the Government Gazette.

Section 22

The competent official shall procure service of the written summons under Section 13

paragraph 3, Section 19 (1) or Section 44 (3) by directing it at the domicile or the place of

business of the person named in the summons between sunrise and sunset or during

working hours of such person or may send it by registered post requiring

acknowledgement of receipt thereof.

In the case where the competent official serves the summons under paragraph one but the

person named in the summons refuses to accept it without reasonable cause, the

competent official shall request the administrative or police official to accompany the

competent official for the purpose of leaving the summon on the spot. If the competent

official does not meet the person named in the summons at his or her domicile or place of

business, the summons may be served on any sui juris person who is living or working in

that dwelling-place or place of business. If nobody is met or nobody agrees to accept the

summons on behalf of the person named therein, such summons shall be posted in a

conspicuous place at the domicile or the place of business in the presence of the administrative or police official who accompanies as witness.

When the competent official has carried out the act under paragraph one or paragraph

two, it shall be deemed that the person named in the summons has received it. In the case

of the posting of the summons, it shall be deemed that such summons is received upon

the lapse of five days as from the date of its posting. If the service is made by a registered

post requiring acknowledgement of its receipt, it shall be deemed that the summons is received upon the lapse of five days as from the date of its receipt.

Section 23

In the execution of this Act, members, members of the Appellate Committee or of the sub-

committee, Secretary-General, and' competent officials shall be the officials under the Penal Code.

Section 24

For the purpose of arresting offenders under this Act, the competent official shall have the same powers as the administrative or police officer under the Criminal Procedure Code.

An arrest of the offender may be made without a warrant of arrest when a flagrant offence

is evidently being committed or when there is any other circumstance under which the

Criminal Procedure Code permits the administrative or police official to make an arrest without a warrant of arrest.

CHAPTER III

Anti-Monopoly

Section 25

A business operator having market domination shall not act in any of the following

manners:

(1) unreasonably fixing or maintaining purchasing or selling prices of goods or fees

for services;

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(2) unreasonably fixing compulsory conditions, directly or indirectly, requiring other

business operators who are his or her customers to restrict services, production,

purchase or distribution of goods, or restrict opportunities in purchasing or

selling goods, receiving or providing services or obtaining credits from other

business operators;

(3) suspending, reducing or restricting services, production, purchase, distribution,

deliveries or importation without justifiable reasons, or destroying or causing

damage to goods in order to reduce the quantity to be lower than the market

demand;

(4) intervening in the operation of business of other persons without justifiable

reasons.

Section 26

A business operator shall not carry out a business merger which may result in monopoly or

unfair competition as prescribed and published in the Government Gazette by the

Commission unless the Commission's permission is obtained.

The publication by the Commission under paragraph one shall specify the minimum

amount or number of market share, sale volume, capital, shares or assets in respect of

which the merger of business is governed thereby.

The merger of business under paragraph one shall include:

(1) a merger made by a producer with another producer, by a distributor with

another distributor, by a producer with a distributor, or by a service provider

with another service provider, which has the effect of maintaining the status of

one business and terminating the status of the other business or creating a new

business;

(2) a purchase of the whole or part of assets of another business with a view to

controlling business administration policies, administration and management;

(3) a purchase of the whole or part of shares of another business with a view to

controlling business administration policies, administration and management.

The application by a business operator for the permission under paragraph one shall be

submitted to the Commission under Section 35.

Section 27

Any business operator shall not enter into an agreement with another business operator to

do any act amounting to monopoly, reduction of competition or restriction of competition

in the market of any particular goods or any particular service in any of the following

manners:

(1) fixing selling prices of goods or services as a single price or as agreed or

restricting the sale volume of goods or services;

(2) fixing buying prices of goods or services as a single price or as agreed or

restricting the purchase volume of goods or services;

(3) entering into an agreement with a view to having market domination or market

control;

(4) fixing an agreement or condition in a collusive manner in order to enable one

party to win a bid or a tender for the goods or services or in order to prevent

one party from participating in a bid or a tender for the goods or services;

(5) fixing geographical areas in which each business operator may distribute or

restrict the distribution of goods or services, or fixing customers to whom each

business operator may sell goods or provide services to the exclusion of other

business operators from competing in the distribution of such goods or services;

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(6) fixing geographical areas in which each business operator may purchase goods

or services or fixing persons from whom business operators may purchase goods

or services;

(7) fixing the quantity of goods or services in which each business operator may

produce, purchase, distribute, or provide with a view to restricting the quantity

to be lower than the market demand;

(8) reducing the quality of goods or services to a level lower than that in the

previous production, distribution or provision, whether the distribution is made

at the same or at a higher price;

(9) appointing or entrusting any person as a sole distributor or provider of the same

goods or services or the same kind of goods or services;

(10) fixing conditions or practice with regard to the purchase or distribution of goods

or the provision of services in order to achieve the uniform or agreed practice.

In the case where it is commercially necessary that the acts under (5), (6), (7), (8), (9) or

(10) be undertaken within a particular period of time, the business operator shall submit

an application for permission to the Commission under Section 35.

Section 28

A business operator who has business relation with business operators outside the

Kingdom, whether it is on a contractual basis or through policies, partnership, shareholding

or any other similar form, shall not carry out any act in order that a person residing in the

Kingdom and intending to purchase goods or services for personal consumption will have

restricted opportunities to purchase goods or services directly from business operators

outside the Kingdom.

Section 29

A business operator shall not carry out any act which is not free and fair competition and

has the effect of destroying, impairing, obstructing, impeding or restricting business

operation of other business operators or preventing other persons from carrying out

business or causing their cessation of business.

Section 30

The Commission shall have the power to issue a written order requiring a business

operator who has market domination, with the market share of more than seventy five

percent, to suspend, cease or vary the market share. For this purpose, the Commission

may prescribe rules, procedure, conditions and time limit for compliance therewith.

Section 31

In the case where the Commission considers that a business operator violates Section 25,

Section 26, Section 27, Section 28 or Section 29, the Commission shall have the power to

issue a written order requiring the business operator to suspend, cease, rectify or vary

such act. For this purpose, the Commission may prescribe rules, procedure, conditions and

time limit for compliance therewith.

The business operator who receives the order under paragraph one and disagrees

therewith shall have the right to appeal under Section 46.

The business operator may not claim compensation from the Commission by reason that

the Commission has issued the order under paragraph one.

Section 32

In the consideration of the case under Section 31, the Commission must afford the

business operator, members of the specialized subcommittee, members of the inquiry sub-

committee or competent officials concerned reasonable opportunities to give explanations

and present supporting evidence.

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In issuing an order under Section 31, the Commission must specify reasons for such order

both in questions of fact and in questions of law, and signatures of the members

considering the case shall be entered.

The notification of the order under paragraph two shall be carried out within seven days as

from the date of the Commission's order, and Section 22 shall apply mutatis mutandis.

Section 33

The person receiving the order under Section 31 must comply with such order unless the

Court or the Appellate Committee passes a judgment or issues an order suspending the

execution thereof or revoking the order of the Commission.

Section 34

In the case where the Court passes a judgment that any business operator is guilty of an

offence under Section 25, Section 26, Section 27, Section 28 or Section 29, the Court shall

issue an order requiring the business operator to suspend, cease, rectify or vary such act.

CHAPTER IV

Application for Permission and Consideration of the Application

Section 35

Any business operator wishing to apply for permission to carry out the act under Section

26 or Section 27 (5), (6), (7), (8), (9) or (10) shall submit an application in accordance

with the form, rules, procedure and conditions prescribed and published in the Government

Gazette by the Commission.

The application must at least:

(1) contain adequate reasons and specify necessity for the act;

(2) specify the intended procedures therefore;

(3) specify the duration therefore.

Section 36

The Commission shall complete the consideration of the application under Section 35

within ninety days as from the date of its receipt; provided that the business operator,

members of the specialized subcommittee or competent officials concerned must be

afforded reasonable opportunities to give explanations and present supporting evidence.

In the case where the consideration cannot be completed within the time specified in

paragraph one by reason of necessity, the Commission may grant an extension of time for

not more than fifteen days, but the reasons and necessity for the extension shall also be

recorded in the consideration and decision proceedings.

Section 37

When the Commission has made an inquiry and is of the opinion that the application under

Section 35 submitted by the business operator is reasonably necessary in the business,

beneficial to business promotion, has no serious harm to the economy and has no effect on

material and due interests of general consumers, the Commission shall issue a written

order granting permission in favor of such business operator. But if the Commission issues

an order rejecting permission, the order shall be notified in writing to the business

operator without delay.

In granting permission under paragraph one, the Commission may fix the time or any

condition for compliance by the business operator to whom permission is granted, and, if it

is of the opinion that economic situations, facts or conduct relied on by the Commission in

its consideration have changed, the Commission may amend, make addition to, or revoke

such time or conditions at any time.

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The business operator who receives the order of the Commission and disagrees with such

order shall have the right to appeal under Section 46.

Section 38

The Commission must specify reasons for the order granting or rejecting permission under

Section 37 both in questions of fact and in questions of law and the order shall contain

signatures of the members considering the application, and the provisions of Section 32

paragraph three shall apply mutatis mutandis.

Section 39

The business operator to whom permission is granted under Section 37 must carry out the

business within the scope, duration and conditions permitted by the Commission.

In the case where there is a violation of or failure to comply with paragraph one, the

Commission shall have power to revoke the permission order under Section 37 in whole or

in part and may also fix the time within which compliance is required.

CHAPTER V

Initiation of an Action for Compensation

Section 40

The person suffering an injury in consequence of the violation of Section 25, Section 26,

Section 27, Section 28 or Section 29 may initiate an action for claiming compensation from

the violator.

In initiating an action for claiming compensation under paragraph one, the Consumer

Protection Commission or an association under the law on consumer protection has the

power to initiate an action for claiming compensation on behalf of consumers or members

of the association, as the case may be.

Section 41

If the action for claiming compensation under Section 40 is not submitted to the Court

within one year as from the date the person suffering the injury has or ought to have had

the knowledge of the ground thereof, the right to submit the action to the Court shall

lapse.

CHAPTER VI

The Appeal

Section 42

There shall be an Appellate Committee consisting of not more than seven qualified persons

with knowledge and experience in law, economics, business administration or public

administration appointed by the Council of Ministers as members.

The members of the Appellate Committee shall elect one member among themselves as

Chairman.

The Director-General of the Department of Internal Trade shall appoint Government

officials of the Department of Internal Trade to act as secretary and assistant secretaries.

Section 43

The person appointed as member of the Appellate Committee must not be under the

prohibitions under Section 7 and shall not be a member of the Commission.

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Section 44

The Appellate Committee shall have the following powers and duties:

(1) to prescribe the rules and procedure for the appeal under Section 47 paragraph

one;

(2) to consider and decide on the appeal against an order of the Commission under

Section 31 or Section 37;

(3) to issue a written summons requiring the persons concerned to give statements

or furnish documents or evidence for the purpose of the consideration of the

appeal;

(4) to issue an order suspending the execution of the order of the Commission

under Section 31 or Section 37.

Section 45

A member of the Appellate Committee shall hold office for a term of four years.

In the initial period, at the expiration of two years, three members of the Appellate

Committee shall vacate office by drawing lots and such vacation of office by drawing lots

shall be deemed to be the vacation of office at the expiration of the term.

The provisions of Section 9 paragraph three and Section 10 shall apply to the Appellate

Committee mutatis mutandis.

Section 46

The appeal against the order of the Commission under Section 31 and Section 37 shall be

submitted to the Appellate Committee by the person receiving the order within thirty days

as from the date of the knowledge of the Commission's order.

Section 47

The rules and procedure for the appeal shall be as prescribed and published in the

Government Gazette by the Appellate Committee.

The Appellate Committee shall consider and decide on the appeal within ninety days as

from the date of the receipt thereof and notify the decision in writing to the appellant, and

the provisions of Section 36 and Section 38 shall apply mutatis mutandis.

The decision of the Appellate Committee shall be final.

When the Appellate Committee has decided upon the appeal, the Commission and business

operators shall comply with such decision.

CHAPTER VII

Penalties

Section 48

Any person who fails to comply with the written summons issued by the specialized sub-

committee, competent official or the Appellate Committee under Section 13 paragraph

three, Section 19 (1) or Section 44 (3), as the case may be, shall be liable to

imprisonment for a term not exceeding three months or to a fine not exceeding five

thousand Baht or to both.

Section 49

Any person who obstructs the performance of duties by the competent official under

Section 19 (2), (3) or (4) or Section 22 shall be liable to imprisonment for a term not

exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

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Section 50

Any person who fails to render assistance to the competent official under Section 20 shall

be liable to imprisonment for a term not exceeding one month or to a fine not exceeding

two thousand Baht or to both.

Section 51

Any person who violates Section 25, Section 26, Section 27, Section 28 or Section 29 or

fails to comply with Section 39 shall be liable to imprisonment for a term not exceeding

three years or to a fine not exceeding six million Baht or to both, and, in the case of the

repeated commission of the offence, shall be liable to the double penalty.

Section 52

Any person who fails to comply with the order of the Commission under Section 30 or

Section 31 or with the decision of the Appellate Committee under Section 47 shall be liable

to imprisonment for a term of one to three years or to a fine of two to six million Baht, and

to a daily fine not exceeding fifty thousand Baht throughout the occurrence of such

violation.

Section 53

Any person who discloses information concerning the business or the operation of a

business operator which, according to the ordinary course of dealing of the business

operator, is the restrictive and confidential information and which such person has

acquired or knew on account of the performance under this Act shall be liable to

imprisonment for a term not exceeding one year, or to a fine not exceeding one hundred

thousand Baht or to both, unless it is the disclosure in the performance of Government

service or for the purpose of an inquiry or trial.

Any person who acquires or has the knowledge of any fact from the person under

paragraph one and discloses such information in the manner likely to cause an injury to

any person shall be liable to the same penalty.

Section 54

In the case where the person who commits an offence punishable under this Act is a

juristic person, then, the managing director, the managing partner or the person

responsible for the operation of the business of the juristic person in such matter shall also

be liable to the penalty provided by the law for such offence unless it is proved that such

act has been committed without his or her knowledge or consent or he or she has already

taken reasonable action for preventing the commission of such offence from occurring

Section 55

The injured person in the offences under Section 51 and Section 54 may not institute a

criminal action on his or her own motion but has the right to loge a complaint with the

Commission for consideration under this Act.

Section 56

All offences under this Act which are punishable by fine or imprisonment for a term not

exceeding one year shall be under the power of the Commission to settle the cases. In

exercising such power, the Commission may entrust a sub-committee, the Secretary-

General or a competent official to act on its behalf.

When the offender has paid the fine in the fixed amount within the specified time, the case

shall be deemed settled in accordance with the provisions of the Criminal Procedure Code.

www.ThaiLaws.com 13

Transitory Provision

Section 57

In the case where a business operator is under necessity and has carried out the acts

specified in Section 27 (5), (6), (7), (8), (9) or (10) on the day this Act comes into force,

such person shall submit an application within ninety days as from the date of the entry

into force of this Act, and when the application has been submitted, such business operator

may continue to carry out the acts under Section 27 (5), (6), (7), (8), (9) or (10) until the

notification of the result of the consideration of the application is received.

Countersigned by

Mr. Chuan Leekpai

Prime Minister

Published in Government Gazette, Vol. 116, Part 22b, dated 15 March 1999.

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