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Inteco Legal Practice
Serves Cau Giay remotely from Hanoi
Consultation Free · 1 hour

Founded in 2012
32 people in their team
English
Inteco Law Firm is a Vietnam-based legal practice established in 2012 and headquartered in Hanoi, with additional offices in Ho Chi Minh City and Binh Dinh. The firm provides legal services for businesses, investors, and individuals, with particular experience supporting foreign-invested...
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Vietnam Antitrust Litigation Legal Questions answered by Lawyers

Browse our 1 legal question about Antitrust Litigation in Vietnam and read the lawyer answers, or ask your own questions for free.

Can my Vietnamese company sue a dominant supplier for forcing exclusive dealing contracts?
Antitrust Litigation
We are a distributor in Vietnam and a major supplier says we must buy only from them or they will stop deliveries. This has cut our sales and made it hard to compete. What evidence is needed and what is the process to claim damages in court?
Lawyer answer by La Défense Vietnam Law Firm

If a supplier requires you to purchase exclusively from them and threatens to stop deliveries otherwise, this may raise concerns under Vietnam’s Competition Law, particularly if the supplier holds a dominant position in the market. In some circumstances, imposing exclusive...

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Vietnam Antitrust Litigation Legal Articles

Browse our 1 legal article about Antitrust Litigation in Vietnam with practical legal information.

Preventing Competition Law Violations in Vietnam JVs
Antitrust Litigation
How Foreign Investors Prevent Competition Law Violations in Vietnam Joint Ventures Expanding into Vietnam through a joint venture (JV) offers foreign corporations rapid access to local distribution networks and manufacturing capacity. However, Vietnam's aggressive enforcement under the Competition Law (Law No. 23/2018/QH14) means cross-border corporate deals face scrutiny from the... Read more →

How competition disputes are handled in Cau Giay

Competition disputes in Cau Giay commonly involve business relationships, market access, distribution arrangements, tendering, mergers, and alleged abuse of market power. The relevant conduct may affect companies operating in Cau Giay, the wider Hanoi market, or national markets.

Vietnam uses an administrative competition process and separate court proceedings. The National Competition Commission may investigate and decide certain competition cases, while a court may hear related contractual, commercial, damages, or administrative claims, depending on the dispute.

A lawyer will first identify the conduct, relevant market, evidence, limitation periods, and correct forum. This prevents a business from treating a regulatory complaint, a private damages claim, and a contractual dispute as the same proceeding.

When legal representation may be necessary

  • A competitor is excluded from a Cau Giay tender or supply channel. Bid coordination, discriminatory access, resale restrictions, or collusive conduct may require urgent evidence preservation and regulatory analysis.
  • A dominant supplier imposes unreasonable conditions. A business dependent on a major platform, distributor, landlord, or supplier may need advice about refusal to deal, tying, discriminatory pricing, or other possible abuse of market power.
  • Your company is planning a merger or acquisition. A transaction involving Hanoi businesses may require a competition assessment and, in some circumstances, notification before implementation.
  • A competitor alleges an unlawful agreement. Price coordination, market allocation, output restrictions, or information exchange can create regulatory exposure even when the arrangement is informal.
  • Your business has received a request from a competition authority. Counsel can coordinate document production, protect confidential information, prepare explanations, and manage interviews or inspections.
  • You have suffered measurable commercial loss. A lawyer can assess whether a contractual, tort, commercial, or administrative route may support compensation or another remedy.

Vietnamese laws that govern competition disputes

Law on Competition No. 23/2018/QH14 took effect on 1 July 2019. It regulates anti-competitive agreements, abuse of a dominant or monopoly position, economic concentration, unfair competition, competition proceedings, and sanctions.

Decree No. 35/2020/ND-CP took effect on 15 May 2020. It provides detailed rules under the Competition Law, including economic concentration, relevant markets, market power, and related competition procedures.

Decree No. 75/2019/ND-CP took effect on 1 December 2019 and sets administrative penalties for competition-law violations. A lawyer should check later amendments and the current penalty framework before relying on a specific sanction.

Frequently asked questions

Do I need a lawyer for a competition dispute in Cau Giay?

Legal representation is not always mandatory, but competition matters often involve economic analysis, confidential evidence, and strict procedural requirements. A lawyer can determine whether the issue belongs before the National Competition Commission, a court, or both.

Can an individual complain about anti-competitive conduct?

Businesses and other affected parties may have different procedural rights depending on the alleged violation and the remedy sought. An individual may also have a civil or consumer-related claim, but the correct route requires a case-specific assessment.

Where is a competition case filed?

Administrative competition proceedings are generally handled through the National Competition Commission under the Ministry of Industry and Trade. Contract, damages, commercial, or administrative claims may fall within the jurisdiction of a competent People's Court in Hanoi.

What is the time limit for a competition complaint?

The Competition Law generally provides a three-year period for submitting a complaint from the date of the alleged violation. Other claims may have different limitation rules, so the earliest relevant date should be documented immediately.

Can a Cau Giay company challenge a competitor’s merger?

A company may provide information or raise concerns where a proposed economic concentration could restrict competition. The available procedure depends on whether notification, review, or another statutory process applies to the transaction.

What evidence is useful in an antitrust dispute?

Useful evidence may include contracts, price lists, tender records, emails, messages, sales data, customer complaints, internal policies, and market-share information. Preserve original files and metadata, and avoid altering or selectively deleting communications.

How long does a competition proceeding take?

Timing varies according to the allegation, market complexity, evidence, and procedural objections. Initial legal assessment may take several days or weeks, while investigation, review, and any appeal can take substantially longer.

How much does a competition lawyer cost in Hanoi?

Vietnamese lawyers generally agree fees with the client in an engagement contract. Fees may be hourly, fixed for a defined stage, or partly linked to the value and complexity of a claim, with official court fees and expert costs charged separately.

Can a business seek damages after a competition violation?

Affected businesses may consider a separate compensation claim where they can prove unlawful conduct, loss, causation, and the defendant’s responsibility. An administrative finding may assist, but it does not automatically determine every element of a private damages claim.

Can the National Competition Commission inspect business records?

Competition authorities may request information and conduct legally authorised investigative steps. The recipient should respond within the stated period, identify confidential material properly, and obtain advice before providing an incomplete or inaccurate response.

Is mediation suitable for a competition dispute?

Mediation may resolve contractual or commercial aspects, such as supply terms, payment, or access arrangements. It cannot necessarily replace mandatory notification, investigation, or sanctions under competition legislation.

What should a company do after receiving an authority notice?

Record the date of receipt, preserve relevant documents, and identify the responsible internal team. Obtain prompt legal advice before replying, because missed deadlines and inconsistent statements can weaken the company’s position.

Official resources serving businesses in Cau Giay

  • National Competition Commission. This Ministry of Industry and Trade body performs statutory competition-management functions, including competition proceedings, economic-concentration review, and enforcement under the Competition Law.
  • Hanoi Department of Industry and Trade. The department administers industry and trade matters within Hanoi and can direct businesses toward the appropriate regulatory channel for local commercial and competition-related issues.
  • Hanoi People’s Court. The court system handles civil, commercial, and administrative matters within its jurisdiction. Because court organisation and territorial allocation can change, a lawyer should confirm the currently competent court for a Cau Giay-related claim.

Practical next steps for hiring counsel

  1. Within one day, preserve the evidence. Save contracts, correspondence, pricing records, tender materials, invoices, and relevant electronic data without editing or deleting the originals.
  2. Within two to three days, prepare a short chronology. List the parties, relevant market, transactions, alleged conduct, financial impact, authority notices, and important dates.
  3. Within one week, identify the legal route. Ask prospective lawyers whether the matter involves a National Competition Commission proceeding, a court claim, a regulatory response, or parallel proceedings.
  4. Compare two or three suitable lawyers or firms. Check their Vietnamese practising credentials, experience with competition-law investigations and commercial litigation, language capability, conflicts, and availability.
  5. Request a written scope and fee proposal. It should identify work stages, deliverables, court or authority fees, expert costs, tax, billing arrangements, and circumstances requiring further approval.
  6. Sign an engagement agreement and authorisation. Confirm who may communicate with the authority or opposing party, how confidential information will be handled, and who controls settlement decisions.
  7. Review the strategy at each procedural milestone. Reassess evidence, limitation dates, settlement options, and likely costs after the first authority response, investigation step, or court filing.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.