Regarding prohibitions Sample Clauses

Regarding prohibitions. Prohibited competition restriction agreements are prescribed in Article 9 of Competition Law. Under this article, prohibition may consist of two degrees: unconditional prohibition (in any circumstance) and prohibition with a requirement that combined market share of the parties of the agreement is of 30% or more. 1) Unconditional prohibition (Clause 1, Article 9 of Competition Law) is applicable to agreements prescribed in Clauses 6, 7 and 8, Article 8 of Competition Law. Those are including (1) agreements on preventing, restraining, disallowing other enterprises to enter the market or develop business; (2) agreement on abolishing from the market enterprises other than the parties of the agreements; (3) conniving to enable one or all of the parties of the agreement to win bids for supply of goods or provision of services. According to the approach of Vietnam Competition Law, these three types of agreements that are prohibited in any circumstance and are not exempted always imply nature of competition restriction without any basis for any possible justification for the pro-competitive effects to the market. Therefore, the identification of prohibited agreements in this case does not require proving substantial market power of enterprises participating in the agreements. 2) Prohibition with a requirement that combined market share of the parties of the agreement is of 30% or more (Clause 2, Article 9 of the Competition Law) is applicable to agreements prescribed in Clause 1, 2, 3, 4 and 5, Article 8 of Competition Law. Those are including: (1) agreements on directly or indirectly fixing goods or service prices; (2) agreements on distributing outlets, sources of supply of goods, provision of services; (3) agreements on restricting or controlling produced, purchased or sold quantities or volumes of goods or services; (4) agreements on restricting technical and technological development, restricting investments; (5) agreements on imposing on other enterprises conditions on signing of goods or services purchase or sale contracts or forcing other enterprises to accept obligations which have no direct connection with the subject of such contracts. The agreements mentioned above are prohibited only in the case that the parties have combined market share of 30% or more in the relevant market. So that, the identification prohibited acts in this case requires proving two below elements: - The content of those agreements is the same as that prescribed in Clause 1, 2, 3...

Regarding prohibitions. Firstly, the grouping of the acts of competition restriction agreement under two levels of prohibitions specified in Article 9 of Competition Law is not entirely appropriate. Firstly, market share as the only basis to distinguish two levels of prohibition also cause inadequacies in the enforcement and control process of competition restriction agreements.

Regarding prohibitions. Firstly, consider adjusting the acts under the strictly prohibited group and the group prohibited depending on each specific case. Secondly, it is necessary to review and amend the approach accessing competition restriction agreements based on the sole criterion which is market share like currently. (1) market structure, (2) excessive capacity of competitors, (3) barriers to market entry,