Assessment of Non-Horizontal Mergers Under the EU Law and Some Implications for Vietnam

Abstract

This article analyzes the legal framework and methods for assessing the effects of non-horizontal mergers under European Union (EU) law, focusing on two main types of effects: unilateral and coordinated effects, with particular emphasis on input and customer foreclosure. In a comparative analysis, the article identifies limitations in current Vietnamese law, particularly in its assessment criteria and analytical frameworks. It then proposes several recommendations to enhance the effectiveness of merger control that likely align with Vietnam’s legal framework and international practices.

This article analyzes the legal framework and methods for assessing the effects of non-horizontal mergers under European Union (EU) law, focusing on two main types of effects: unilateral and coordinated effects, with particular emphasis on input and customer foreclosure. In a comparative analysis, the article identifies limitations in current Vietnamese law, particularly in its assessment criteria and analytical frameworks. It then proposes several recommendations to enhance the effectiveness of merger control that likely align with Vietnam’s legal framework and international practices.