A conversation with Thang Huynh, partner, and David Fruitman, regional competition counsel at regional law firm DFDL on key issues on Merger control in Vietnam.
NOTE–to see whether notification thresholds in Vietnam and throughout the world are met, see Where to Notify.
1. Have there been any recent developments regarding the Vietnamese merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Vietnam?
In 2020, Vietnam issued Decree 35 on Detailed Regulations for Implementation of the Law on Competition dated 24 March 2020 (Decree 35), which took effect on 15 May 2020. This was an essential step in commencing the competition regime contemplated under the Law on Competition dated 12 June 2018 (Competition law).
The regulatory Authority under the Competition Law, the Vietnam Competition Committee (VCC) was appointed as of 1 April 2023 and took over responsibility for the merger regime as of that date.
The following clarifications to the merger control regime were introduced by Decree 35:
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notification thresholds, under which a transaction will require notification where:
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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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