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A comparative study on goals of competition law with the case of merger regulation and recommendations to Viet Nam

Hieu Trong Truong 1, 2, *
  1. University of Economics and Law,VNU-HCM, Vietnam
  2. PhD. Candidate, Yokohama National University, Japan
Correspondence to: Hieu Trong Truong, University of Economics and Law,VNU-HCM, Vietnam; PhD. Candidate, Yokohama National University, Japan. Email: [email protected].
Volume & Issue: Vol. 5 No. 1 (2021) | Page No.: 1253-1266 | DOI: 10.32508/stdjelm.v5i1.684
Published: 2021-02-13

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This article is published with open access by Viet Nam National University Ho Chi Minh City, Viet Nam. This article is distributed under the terms of the Creative Commons Attribution License (CC-BY 4.0) which permits any use, distribution, and reproduction in any medium, provided the original author(s) and the source are credited. 

Abstract

The goals of competition law and policy play a notable navigator in law enforcement and lead to new rule inauguration regimes. However, Vietnam avoids signifying its goals in all two competition law versions, the Vietnamese Competition Law 2004 and the Vietnamese Competition Law 2018. The practical merger regulation has been thus confusing in the circumstances. Be continued with the lengthy controversial discussions in the academic world; the paper opens the comparative approach to other major jurisdictions. Rather than the Asian earlies system of Japanese anti-monopoly law or the European Union's primary youngest competition law, the United States antitrust law contributes to the original explanation of the law's objectives and directions. It experiences that Vietnam could maintain the diverse goals of competition law with its priority interests. Rejecting the aspect of free and fair competition, or the workable competition, the analysis traces the identification of effective competition mainly according to the European Union's perspective. Notably, the industrial policy takes a significant connection with the competition policy; however, it does not always ensure competition law enforcement. Be mainly based on Japanese historical achievement; the paper leads to an appropriate direction to resolve this complicated relationship between the two conflict but reciprocity policies. These implications will contribute to enhancing the legalization of competition law in Vietnam.

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