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Abstract
Currently in competition law and sectoral regulation in Thailand, there are
significant obstacles to developing market competition in the electricity sector. This thesis
investigates the problems relating to competition law and sectoral regulation in Thailand’s
electricity sector. The thesis finds that there are problems in relation to competition law and
sectoral regulation regarding aspects of the regulatory institution and rules. The Thai
Competition Commission and Energy Commission both still face various institutional
obstacles in relation to achieving the development of market competition in the Thai
electricity sector. The rules regarding both competition law in the Competition Act and
sectoral regulation in the Energy Act also do not promote or protect market competition in
the Thai electricity sector.
Following the research on the problems in Thailand’s competition law and sectoral
regulation, the thesis reviews the international experience of both developed and developing
countries regarding competition law and sectoral regulation with a view to presenting in the
thesis a possible reform framework for Thailand. The thesis reviews the fundamental ideas
regarding 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 of
competition law are important to protecting and promoting market competition in the
electricity sector. In addition, the thesis researches the international experience regarding
sectoral regulation to create and protect market competition in the electricity sector. The
thesis finds that market competition will not occur by simply withdrawing regulation, but
that regulation has to play an important role in stimulating and shaping workable market
competition. The main aspects of the international experience with sectoral regulation relate
to establishing effective regulatory institutions and ensuring appropriate regulation of the
market. The thesis points out the importance of both competition law and sectoral regulation
as a necessary development towards market competition in the electricity sector.
Based on the review of the international experience, the thesis outlines a possible
framework that could be used to reform Thai competition law and sectoral regulation in the
Thai electricity sector. The thesis contends that the reform must involve both short and long
term plans to develop the institutions, as well as the rules with respect to competition law
and sectoral regulation in electricity sector in Thailand.