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Competition and Anti-trust

Competition law in Vietnam is still in comparatively its early stages of development with very few cases of successful enforcement action undertaken by the Vietnam Competition Authority since the Law on Competition came into force on 1 July 2005. Furthermore, there is limited guidance provided on anti-trust regulations, and competition restrictions. Unfair competition practices continue to present difficulties to market players. However, we are aware that the Vietnam Competition Authority is intent on an increased focus on protecting consumer interests and preventing practices of unfair competition. Frasers’ competition practice group guides clients on independent competition law matters and advises clients on competition law issues as they relate to specific transactions.  

Frasers is playing a leading role in assisting clients to be compliant with anti-competitive regulatory requirements; and by helping such clients not to be in breach of legislative provisions relating to restrictive trade practices.

Recent Work

  • Acting for a Japanese corporation on its acquisition of a stake in a major foreign-invested beverage company, which involved careful consideration of Vietnam’s Competition Law, as well as various discussions and liaisons with the Vietnam Competition Authority in order to prepare and submit a dossier to the Vietnam Competition Authority with respect to notification of a potential economic concentration.

  • Acting as legal advisor for a large manufacturer in Japan in relation to the proposed acquisition of shares of a Vietnam listed joint stock company. Careful consideration of Vietnam’s Competition Law was required to ensure the proposed acquisition would neither fall within the realm of economic concentration cases prohibited by the Law on Competition of Vietnam, nor be subject to any notification procedures with the Vietnam Competition Authority.

  • Advising on the structuring of an acquisition of up to 100% of the total charter capital of a public company, including providing competition law advice.

  • Advising and assisting a major multinational FMCG company in relation to many aspects of its efforts to combat the smuggling and illicit trade of its products in Vietnam.

  • Advising a leading multinational dairy company with respect to the Law on Competition relating to activities of multinational enterprises domiciled or operating in Vietnam.  

  • Advising a multinational company dealing in building and construction materials in relation to competition law issues, and providing legal analysis on the relevant issues relating to its business activities.

  • Advising a FMCG company on the structuring of its distribution arrangements to ensure compliance with the Law on Competition provisions relating to not abusing a dominant market position, whilst simultaneously maximising the client’s commercial objectives.

  • Advising a leading over-the-counter drug provider from Japan and an investor in Vietnam on the potential purchase of shares in a listed Vietnamese pharmaceutical company, including advising on competition law issues such as notifications and prohibitions of economic concentrations over certain threshold amounts of market shares.

  • Advising a leading global energy corporation in relation to the proposed acquisition of certain offshore entities holding several assets in upstream oil and gas in Vietnam. Frasers was required to provide an analysis of Vietnam’s Competition Law and relevant legal issues to ensure the proposed acquisition would neither fall within the realm of economic concentration cases prohibited by the Law on Competition of Vietnam, nor be subject to any merger control filing with the Vietnam Competition Authority.

  • Advising various clients in relation to the Law on Competition, as separate matters or as part of a specific transaction.