Vietnam: Adopted Competition Law 2018 (No. 23/2018/QH14) including unilateral conduct regulation

On 12 June 2018, the Vietnamese National Assembly adopted Competition Law 2018 (No. 23/2018/QH14) including unilateral conduct regulation. The law sets out the prohibited behaviours for dominant and monopolistic enterprises, including predatory pricing and unfair trading conditions. Furthermore, it delineates the criteria for identifying dominant and monopolistic positions, taking into account factors such as market share. In addition, the regulation addresses the issue of exclusive dealing, prohibiting dominant firms from imposing restrictions on suppliers or customers in relation to their business activities with competitors. The refusal to deal, whereby a dominant firm denies essential facilities or services to competitors, is prohibited in order to ensure market access. The regulation also addresses tying and bundling practices, which force consumers to purchase additional products that they do not desire.