Vietnam: Implemented Decree No. 35/2020/ND-CP including unilateral conduct regulation

On 15 May 2020, Decree No. 35/2020/ND-CP, which provides detailed specifications regarding several articles of the Competition Law, entered into force. The regulation delineates the circumstances under which an enterprise is deemed to exert control and influence over another enterprise. This includes instances where an enterprise holds an ownership interest exceeding 50% of the acquiree's charter capital or voting shares, or where it possesses significant decision-making rights. Moreover, the National Competition Commission assesses the substantial market power of enterprises and groups in accordance with criteria such as market share, financial strength, barriers to market entry, and control over distribution networks. The assessment of competitive advantages is also informed by factors such as technological infrastructure, rights to critical infrastructure, and intellectual property rights. The capacity of enterprises to alter supply or demand in response to market conditions and specific industry factors provides further insight into the determination. In the course of this process, the Commission may engage in consultations with relevant stakeholders and require enterprises to submit the necessary information and documentation.