Vietnam: Implemented Decree No. 35/2020/ND-CP including anti-competitive agreements regulation

On 15 May 2020, Decree No. 35/2020/ND-CP entered into force. The regulation stipulates that the National Competition Commission assesses the potential anti-competitive implications of agreements through an analysis of market share changes, entry barriers, and the impact on technological innovation among enterprises. Furthermore, assessments consider the impact of agreements on access to essential infrastructure, and the resulting changes in costs and market dynamics for consumers and other businesses. Additionally, the Commission examines the potential for these agreements to manipulate industry-specific factors in a manner that disadvantages competition. Agreements are typically deemed not significantly anti-competitive if the combined market shares of the involved enterprises in relevant areas fall below specific thresholds. Throughout this process, the Commission may engage with relevant experts and require detailed information from the enterprises involved to ensure a comprehensive evaluation.