Current legal framework of economic concentration control in the retail sector in Vietnam

Nguyen Ngoc Son, Chau Bao Anh, Vu Anh Duc

Article ID: 8524
Vol 8, Issue 11, 2024

VIEWS - 66 (Abstract) 39 (PDF)

Abstract


In the context of Vietnam’s extensive international integration, economic concentration emerges as a pivotal strategy employed by businesses across various sectors, notably the retail industry, to foster expansion and bolster competitiveness within the market. As this trend evolves, it necessitates the formulation by the Vietnamese Government of a comprehensive and stringent legal framework tailored to regulate economic concentration among enterprises. Such measures are imperative to preclude the curtailment of market competition, which could potentially undermine the equity and vitality of the business environment in Vietnam. This paper meticulously examines and elucidates theoretical nuances surrounding economic concentration in the retail sector. Additionally, it scrutinizes the current landscape, assessing the impact of extant legislation governing economic concentration and the efficacy of enforcement activities in this realm within the Vietnamese retail sector. Consequently, the paper proffers judicious recommendations to enhance the efficacy of legal mechanisms governing economic concentration to foster competition and fortify Vietnam’s overall economic prowess, particularly within the retail sector.


Keywords


economic concentration; competition law; Vietnam competition law 2018; anti-competitive impact; retail industry

Full Text:

PDF


References


Bain, J. S. (1956). Barriers to New Competition. Harvard University Press.

Bui Nguyen, A. T. (2017). Towards effective economic concentration control in Vietnam (Vietnamese). Legal Science Information—Institute for Legal Science, 3, 35–44.

Competition and Markets Authority. (2019). J Sainsbury PLC/Asda Group Ltd merger inquiry. Available online: https://www.gov.uk/cma-cases/j-sainsbury-plc-asda-group-ltd-merger-inquiry (accessed on 2 July 2024).

Durand, B. (2021). The competitive assessment of mergers in retail grocery markets: A basket case? CPI Antitrust Chronicle, 2–9.

Elhauge, E., Geradin, D. (2007). Global Competition Law and Economics. Hart Publishing.

European Commission. (2014). Council Regulation No 139/2004 of 20 January 2004 on the control of concentrations between undertakings. European Commission.

European Commission. (2015). Cas M.7702-Koninklijke Ahold/Delhaize Group. European Commission.

Ha, N. A. (2018). Laws on economic concentration control in Vietnam (Vietnamese) [PhD thesis]. Ho Chi Minh City University of Law.

Hoang, V. N. (2021). Law on economic concentration control in the retail market in Vietnam today (Vietnamese) [Master’s thesis]. Hue University.

Hosken, D. S., Olson, L. M., Smith, L. K. (2012). Do retail mergers affect competition? Evidence from grocery retailing. Journal of Economics & Management Strategy.

Kaufman, J. P. (2013). Control of Mergers in Grocery Retail Market in Croatia. Challenges for the Trade of Central and Southeast Europe (International Business and Management), 29, 95–122. https://doi.org/10.1108/S1876-066X(2013)0000029010

Mateus, A. M., Moreira, T. (2007). Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement. Edward Elgar Publishing.

Minh, H. (2022). Masan Group is more successful thanks to the expansion of the Winmart system (Vietnamese). Available online: https://baophapluat.vn/tap-doan-masan-them-thanh-cong-nho-mo-rong-he-thong-winmart-post457910.html (accessed on 2 July 2024).

Ministry of Industry and Trade (MOIT). (2019). Controlling economic concentration in Vietnam during the period of international economic integration (Vietnamese). Publishing House for Industry and Trade.

National Assembly of Vietnam. (2004). Competition Law No. 27/2004/QH11 (Vietnamese). National Assembly of Vietnam.

National Assembly of Vietnam. (2018). Competition Law No. 23/2018/QH14 (Vietnamese). National Assembly of Vietnam.

OECD. (2019). Competition policy in the Mexican grocery retail industry. OECD.

Taylar, A., Warren, N. (2021). Competition Issues in UK Grocery Retailing. CPI Antitrust Chronicle, 2–7.

The Government of Vietnam. (2019). Decree 75/2019/ND-CP prescribing penalties for administrative violations against regulations on competition (Vietnamese). The Government of Vietnam.

The Government of Vietnam. (2020). Decree 35/2020/ ND-CP regulating on several articles of competition law (Vietnamese). The Government of Vietnam.

Tirole, J. (1988). The Theory of Industrial Organization. The MIT Press.

Hong, N. T., Binh, M. T., Manh, D. T., Kim, H. T. (2020). A study on merger and acquisition in retailing industry of Vietnam (Vietnamese). International Journal of Social Science and Economics Invention.

UNCTAD. (2010). Model Law on Competition. UNCTAD.

UNCTAD. (2016). Enforcement of competition policy in the retail sector: Competition issues in the food retail chain. UNCTAD.

Vietnam Competition and Consumer Authority. (2020). Annual Report 2020 (Vietnamese). Vietnam Competition and Consumer Authority.

World Intellectual Property Organization. Commercial Code of France. (n.d.). Available online: https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/fr/fr199en.pdf (accessed on 2 July 2024).




DOI: https://doi.org/10.24294/jipd.v8i11.8524

Refbacks

  • There are currently no refbacks.


Copyright (c) 2024 Nguyen Ngoc Son, Chau Bao Anh, Vu Anh Duc

License URL: https://creativecommons.org/licenses/by/4.0/

This site is licensed under a Creative Commons Attribution 4.0 International License.