KENFOX IP & Law Office > Case Studies

Settling an anti-trust case under the laws of Vietnam

Competition Law ("VCL 2018") will become effective on 1 July 2019. Until that time, the Competition Law 2004 (“VCL 2004”), which have took effect as of 1 July 2005, are still provided to governs practices in restraint of competition, unfair competitive practices, the order and procedures for resolution of competition cases, and measures for dealing with breaches of the laws on competition. Anti-trust may fall within the scope of acts that restrain competition. Practices in restraint of competition mean practices of enterprises which reduce, distort or hinder competition in the market. Under the VCL 2004, competition restriction acts includes: (i) Acts...

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Case Study 22: Typical competition restriction cases in Vietnam

Abusing dominant position in the market: Case 1: In 2007 THP filed a complaint with the Vietnam Competition Authority (VCA) against Vietnam Brewery Limited (VBL) – a producer of Tiger and Heineken beer. THP alleged that VBL had abused its dominant position in the premium beer market in some big cities in Vietnam to deter new competitors. The VCA’s investigation mainly focused on identifying the relevant market, determining if VBL had a dominant position in that market and collecting evidence to prove the exclusive dealing conduct. The relevant market in this case was identified by the VCA as the beer market...

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Case Study 21 – Misplaced interpretation of due process requirement in the Philippines

A trade mark owner in the Philippines found out that a local retail shop had been selling counterfeit products that infringed his registered trade mark for quite some time and it wanted to stop this illicit activity which was incurring economic damages to his company....

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