1. Competition Law and Sectoral Regulation in the Electricity Sector in Thailand: Current Problems, International Experience and Proposals for Reform
- Author
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Zumbo, Frank, Taxation and Business Law, Australian School of Business, UNSW, Cheong, May Fong, Law, Faculty of Law, UNSW, Wisuttisak, Pornchai, Taxation and Business Law, Australian School of Business, UNSW, Zumbo, Frank, Taxation and Business Law, Australian School of Business, UNSW, Cheong, May Fong, Law, Faculty of Law, UNSW, and Wisuttisak, Pornchai, Taxation and Business Law, Australian School of Business, UNSW
- Abstract
Currently in competition law and sectoral regulation in Thailand, there aresignificant obstacles to developing market competition in the electricity sector. This thesisinvestigates the problems relating to competition law and sectoral regulation in Thailandselectricity sector. The thesis finds that there are problems in relation to competition law andsectoral regulation regarding aspects of the regulatory institution and rules. The ThaiCompetition Commission and Energy Commission both still face various institutionalobstacles in relation to achieving the development of market competition in the Thaielectricity sector. The rules regarding both competition law in the Competition Act andsectoral regulation in the Energy Act also do not promote or protect market competition inthe Thai electricity sector.Following the research on the problems in Thailands competition law and sectoralregulation, the thesis reviews the international experience of both developed and developingcountries regarding competition law and sectoral regulation with a view to presenting in thethesis a possible reform framework for Thailand. The thesis reviews the fundamental ideasregarding the role of competition law within utility sectors, including the electricity sector.The thesis finds that the substantives rules and their application, as well as the institution ofcompetition law are important to protecting and promoting market competition in theelectricity sector. In addition, the thesis researches the international experience regardingsectoral regulation to create and protect market competition in the electricity sector. Thethesis finds that market competition will not occur by simply withdrawing regulation, butthat regulation has to play an important role in stimulating and shaping workable marketcompetition. The main aspects of the international experience with sectoral regulation relateto establishing effective regulatory institutions and ensuring appropriate regulation of themar
- Published
- 2013