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Vertical Agreements Thailand

Section 60 of the TCA 2017 provides that if the Commission has sufficient evidence to believe that an operator has broken or violated the law, it may order the operator to suspend, stop, correct or modify its business practices. The granting of such a decision allows the Commission to set the necessary conditions for the achievement of legal objectives. In addition, the Commission has the power to impose fines directly on operators for perceived vertical infringements. Any operator who receives an order and does not agree with the issuance of such a decision has the right to file an appeal not before an administrative court within 60 days of receiving the order. Section 59 tCA 2017 provides that an operator may submit an application to the Commission for a review of vertical restrictions on its operations. When considering an application, the Board may set conditions that the operator must comply with in order to comply with the law. The Commission`s decisions are binding on the scope and the period prescribed by the Commission. Since its entry into force, neither the 1999 TCA nor the 2017 TCA have been applied to prevent extraterritorial vertical restrictions or in a purely internet context. A vertical restriction on customer allocation can be considered an exclusive business. See question 28. Has the Authority made any decisions regarding the steps taken by suppliers to enforce the terms of selective distribution agreements where such measures are aimed at preventing unauthorized buyers from being sold or sold by authorized buyers in an unauthorized manner? The October 4, 2018 Cartel Behaviour Directive outlines the CBT`s approach to behaviour prohibited by Sections 54 and 55 of the new CPA. It is particularly interesting that agreements include, in all their forms, in writing or legally binding, association actions and coordinated behaviours. Is there a category exemption or a safe haven that gives businesses certainty of the legality of vertical restrictions under certain conditions? If so, please explain how this category or safe port exemption works.

The basic criteria for determining whether a vertical restriction is prohibited by law are to examine the structure of the market at issue with respect to the geographical structure (i.e. where it is located) and the products sold there, and whether the operator`s shares limit or reduce competition or lead to unfair trade. Is the application of cartel and abuse legislation different if the agreement, which contains vertical restriction, also contains provisions granting intellectual property rights (IPRs)? What are the investigative powers of the enforcement authority on cartels and abuse of dominance with respect to the application of the prohibition on vertical restrictions? Please explain any formal notification procedure for agreements with vertical restrictions to the cartel enforcement and abuse of dominance authority. To what extent does antitrust legislation apply to vertical restrictions in agreements made by public bodies? A vertical agreement is a term used in competition law to refer to agreements between companies operating at different levels of the production and distribution chain (for example). B relationships between producers and their customers/distributors).


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