The National Competition Commission shall receive notification dossiers. Within 7 working days from receipt of an exemption application, the National Competitive Commission shall notify the applicant in writing that whether the application is complete and valid. If the application is incomplete or invalid, the National Competition Commission shall notify the applicant in writing of deficiencies need amendments and allow them 30 days to make amendments from the date of notice. Upon expiry of 30 days, if no amendment is made or the application is not amended completely, the National Competition Commission shall return the notification dossier.
The National Competition Commission shall be responsible for preliminary assessment of economic concentration. Matters to be preliminarily assessed in economic concentration:
- a) Combined market share of enterprises engaging in the economic concentration on the relevant market;
- b) The degree of concentration on the relevant market before and after the economic concentration;
- c) The relationship of the parties engaging in the economic concentration in the production, distribution or supply chain for a certain kind of goods/service or the business lines of the parties engaging in the economic concentration which are inputs of or complementary to one another;
Within 30 days from receipt of a complete and valid notification dossier, the National Competition Commission shall notify the preliminary assessment result that:
- a) economic concentration is approved; or
- b) economic concentration is subject to further official assessment.
Upon expiry of 30 days prescribed above, if the National Competition Commission fails to notify the preliminary assessment result, the economic concentration may be affected and the National Competition Commission may not give a notification as provided in Point b Clause 2 of Article 36 of the Competition Law.
According to Article 14 Decree 35/2020, An economic concentration regime will be carried out if one of the following cases occurs:
- a) The joint market share of enterprises intending to participate in the economic concentration program must account for less than 20% of total share of the relevant market;
- b) The joint market share of enterprises intending to participate in the economic concentration program must account for at least 20% of total share of the relevant market while the sum of squares of market share points of enterprises after economic concentration in the relevant market must be less than 1,800;
- c) The joint market share of enterprises participating in the economic concentration program must account for at least 20% the relevant market; the sum of squares of market share points of enterprises after economic concentration in the relevant market must be more than 1,800; the amplitude of increases in the sum of squares of market share points of enterprises in the relevant market before and after economic concentration must be less than 100;
- d) Market shares of enterprises participating in the economic concentration program that have relationships with each other in the same chain of production, distribution and supply of a certain product or service, or business sectors or industries of enterprises engaging in the economic concentration program that are providing input or supporting products or services for each other, must be less than 20% of total share of the relevant market.
Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com
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