Case of suspension of investigation of a competition case in Vietnam

Case of suspension of investigation of a competition case in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is a competition case?

According to Clause 9, Article 3 of the Competition Law 2018, Ccompetition case means case showing signs of violation of competition law, which is investigated and handled in accordance with this Law, including anti-competition, violation of regulations on economic concentration and unfair competition.

2. Case of suspension of investigation of a competition case in Vietnam

Pursuant to Article 86 of the Competition Law 2018, the Head of the Competition Investigation Agency shall issue a decision to suspend the investigation of a competition case in the following cases:

- Evidence to prove violations cannot be taken as prescribed in the Competition Law 2018;

- The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures which are approved by the Competition Investigation Agency;

- The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures which are approved by the Competition Investigation Agency.

3. Case of suspension of competition case settlement in Vietnam

- The President of the National Competition Commission shall decide to suspend the settlement of violations of economic concentration regulations and unfair competition cases in the following cases:

+ The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures;

+ The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures.

- The anti-competitive settlement council shall decide to suspend the settlement of anti-competitive cases in the following cases

+ The complainants withdraws the complaint and the investigated party commits to terminate the investigated act, commit to take remedial measures;

+ The investigated party commits, in case the investigation falls under the provisions of Clause 2 Article 80, to terminate the investigated acts, commit to take remedial measures.

The decision on suspension of competition case settlement must be sent to the complainant, the investigated party and made public.

(Article 92 of the Competition Law 2018)

4. Settlement of an unfair competition case in Vietnam

- Within 15 days from receipt of the competition case dossier, investigation report and investigation conclusions, the President of the National Competition Commission shall issue a decision to:

+Settle the unfair competition case;

+ Request Competition Investigation Agency to carry out further investigation if the evidence collected is not sufficient to determine violations against competition regulations. The time limit for further investigation is 30 days from the date of decision; or

+ Suspend the settlement of the unfair competition case.

- Time limit for settlement of an unfair competition case in case of further investigation is 10 days from the date on which the dossier, investigation report and investigation conclusions are received.

(Article 90 of the Competition Law 2018)

Nguyen Ngoc Que Anh

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