Administrative Procedures

Procedures for examining the case that may violate the Act

  1. The Office of the TCC as the secretariat of the TCC may find the violation of the Act or any individual may report the violation of the Act to the Office of the TCC.
  2. The Office of the TCC may take appropriate measures to investigate the cases and gather information concerning the cases. If the result of investigation reveal that the case is groundless or a trivial violation of the Act, the case may be dismissed or the Office of the TCC may give warning or recommendation requiring alleged party to voluntarily correct their behavior. In case of the result of investigation of the case is high potential violation of the Act, the Office of the TCC submits the case to the TCC for consideration.
  3. After the case is submitted by the Office of the TCC, the TCC has various alternatives to conduct the case as following matters;
    3.1 The TCC may consider the case on its own initiative;
    3.2 The TCC may appoint one or more the Specialised Sub-Committee to act as expert body for giving advice and suggestion and/or;
    3.3 The TCC may appoint one or more the Inquiry Sub-Committee for investigative procedures in anti-competitive case.
  4. In the case where the TCC decides that alleged party violates section 25-29, the TCC shall have the power to issue written orders requiring alleged party to suspend, cease, or correct, and eventually alter unfair business practices.
  5. In appropriate case, the TCC may submit the case to the court for consideration via the Office of the Attorney-General prosecutes the case.
  6. The defendant may appeal the decision issued by the TCC at the Appellate Committee.
  7. If the final decision determines the case that violates the Act, any individual or member of the association suffering an injury in consequence of the violation of section 25-29 may sue for claiming compensation from the violator. In initiating an action for claiming compensation, the Consumer Protection Committee or an association operation 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.

Procedures for examining mergers and agreements on anti-competitive practices

Procedures for examining mergers and agreements on anti-competitive practices have not been specified yet. Currently, it is under the process of consideration.

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