Abuse of Dominant Position - Competition Law - Lecture Slides, Slides of Competition Law and Policy

Download Abuse of Dominant Position - Competition Law - Lecture Slides and more Slides Competition Law and Policy in PDF only on Docsity! 1 Introduction of the Laws on Abuse of Dominant Position and Abuse of Monopony Position in Vietnam Docsity.com 2 Outline I. THE VIETNAM COMPETITION LAW II. COMPETITION PROCEEDINGS III. REMEDIES ON VIOLATIONS Docsity.com 5 COMPETITION RESTRICTION ACTS Competition restriction agreements Abuse of dominant position on the market, abuse of monopoly position Economic concentration Docsity.com 6 • Dominant position on the market? - One enterprise (> 30% or capable of restricting competition considerably) - A group of enterprises (50, 60, 75%) • Monopoly position? Abuse of dominant position on the market, abuse of monopoly position Docsity.com 7 Capable of Restricting Competition Considerably Financial capacity of the enterprise. Financial capacity of the organizations and individuals which established the enterprise. Financial capacity of the organizations and individuals with the right to control or govern the operations of the enterprise in accordance with the provisions of law or the charter of the enterprise. Financial capacity of the parent company. Technological capability. Ownership of or right to use intellectual property objects. Scale of distribution network. Other bases considered appropriate by the administrative body for competition [and/or] by the Competition Council. Docsity.com 10 Competition Proceedings Docsity.com 11 The competition proceedings Initiated on Application received Decision of D.G. of VCAD VCAD Preliminary Investigation Official Investigation Report on Investigation Competition Council Public Hearing Final Determination Investigation Suspended Issues to be verified: -relevant market -market share of the parties subject to investigation -evidence and gathering of further evidence -Identification of the unhealthy competitive practices Docsity.com 12 Grounds for investigations 1. Complaints of organizations/individuals assuming infringement of interests caused by a an act violating the Law 2. Competition Agency seeing indications of violations to the Law. Docsity.com 15 Verification of relevant market Relevant market includes relevant product markets and relevant geographical markets. Docsity.com 16 Identification of relevant product market Relevant product market: a market of substitutable goods or services in terms of characteristics, usage and prices Bases for determination of products’ characteristics (a) Physical features; (b) Chemical features; (c) Technical features; (d) Side effects on the user; (dd) Ability to absorb [assimilate?]. Docsity.com 17 Identification of relevant product market Determination of product’s purpose of usage and price: - product’s purpose of use is the main usage of that product. - price of product/service is the retailing price listed in accordance to legislations on price listing. Docsity.com 20 Time limit for official investigation Time 6 months from decision of official investigation Extension: 2 times possible, no more than 60 days each. Extension must be notified to relevant parties within 7 working days prior to expiry of the time limit. Docsity.com 21 Remedies Fines - Up to 5% - 5%-10% Additional sanctioning forms and Consequence remedying measures : - Confiscation of exhibits and means used for commission of violations of competition legislation. - To restructure the enterprises having abused their dominant position on the market; - To divide or split the merged or consolidated enterprises; to force the resale of the acquired enterprise parts; - To remove illegal provisions from the business contracts or transactions. Docsity.com