Nguyen The Ha & Nguyen Thanh Liem
The foundation of collaborative economy recently results in pro- and anti- competitive issues. The emergence of new business model, which is so-called as “platform economy” or “economy of mobile apps”, has been extendedly scrutinized by Competition Authorities. Even these new business forms receive abudance of Gorvernment’s incentives, they still need to comply with the relevant law in order to assure the fair, and transparent competition in the market. The recent verdicts Vietnamese competent authorities on the specific anticompetition cases (Grab/Vinasun & Grab/Uber) presented the uncertain and light approach to the matters. In this paper, those relevant matters will be examined under the lens of competition law to the extent that it is whether the operation of the new platform in mentioned cases possibly violates the Vietnamese competition law. In addition, the analysis under competitive legal perspective will be accompanied with the reflection of regarded matters across the European countries. This contribution offers the perspective of competition law to both competition authorities and platform economy operators in appraising their practice.
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About authors:
- Ha Nguyen (LLB, LLM), a partner of Huy&Partners LLC., is interested in cross-border trade and investment, energy, infrastructure construction, competition and State-owned enterprises. He has participated in energy megastructure projects in Vietnam and other ASEAN countries (Nghi Son Refinery & Petrochemicals Plant, Song Hau 1 coal-fired power plant, petroleum production platforms in Vietnam offshore, Petronas RAPID project, Southern Johor, Malaysia) and airport projects in Vietnam (T3 Terminal – Tan Son Nhat Airport, Long Thanh international airport (phase 1)). He has also published a few articles on Vietnam oil and gas sector, renewable energy, State-owned enterprises privitisation and competition.
- Liem Nguyen (BA, LLB, LLM) is a counsel of Huy&Partners LLC. He is has extensive expertise in dispute resolution - litigation (in Criminal, Civil, Commercial and Administrative terms). With extensive expertise acquired from working at the authorities conducting legal proceedings, he has directly participated in the exercise of the right to prosecute, supervise, and adjudicate major cases.
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