VIETNAM Law and Practice Contributed by: Thang Nguyen, Minh Nguyen and Nguyet Le, ACSV Legal
• conspire in biddings. If the parties have the same relevant market, prohibited agreements include: • directly or indirectly fixing prices; • distributing outlets, sources of supply of goods, or provision of services; and • restricting or controlling produced, purchased or sold quantities or volumes of goods or services. If the parties have the same relevant market and the agreements may cause an appreciable restrictive effect on competition, prohibited agreements are those that: • restrict technical or technological develop - ment and investments; • impose conditions or unrelated obligations on the signing of purchase or sale contracts for goods or services; • prevent transactions with parties other than the parties thereto; • limit consumption or supply of goods or ser - vices of parties other than the parties thereto; or • may cause other restrictive effects on compe - tition. If the parties have different production, distribu - tion or supply businesses constituting a trade life cycle of a product or service and the agreements may cause an appreciable restrictive effect on competition, prohibited agreements are those that: • directly or indirectly fix prices; • distribute outlets, sources of supply of goods, or provision of services;
• restrict or control produced, purchased or sold quantities or volumes of goods or ser - vices; • restrict technical or technological develop - ment and investments; • impose conditions or unrelated obligations on the signing of purchase or sale contracts for goods or services; • prevent transactions with parties other than the parties thereto; • limit consumption or supply of goods or ser - vices of parties other than the parties thereto; or • may cause other restrictive effects on compe - tition. In case the agreement benefits consumers and certain criteria are met, such as leading to tech - nical innovation, an exception may be granted. 6.4 Abuse of Dominant Position An enterprise or a group of enterprises with a dominant or monopolistic position in the market is prohibited from performing the following acts: • (a) selling goods or services at prices below the total cost price resulting in eliminating competitors; • (b) imposing unreasonable purchase or sale prices of goods or services, or fixing minimum resale prices, causing damage to customers; • (c) restricting production or distribution, limiting the market, or hindering technical or technological development, causing damage to customers; • (d) applying different commercial terms on similar transactions, causing restrictions to market entry or expansion by other enterpris - es or elimination of other enterprises; • (e) imposing conditions or unrelated obliga - tions on the signing of sale or purchase con -
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