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From 1 July 2026, Resolution No. 66.18/2026/NQ-CP increased several financial thresholds for merger notification while keeping the 20% combined market share threshold unchanged. Although these amendments mainly affect merger notification, they also reflect the continuing development of Vietnam’s competition framework. For digital businesses, competition risks are no longer limited to transaction size or market share. Data, platform access, pricing algorithms and ecosystem control may also become relevant when assessing compliance with competition law Vietnam.
For digital enterprises doing business in Vietnam, the practical issue is no longer only whether a transaction requires merger notification. Business models built on data, digital ecosystems and online platforms should also be reviewed from a broader competition law perspective before new products, partnerships or acquisitions are implemented.
Why Digital Platforms Face Competition Law Risks
Digital markets operate differently from many traditional industries.
Success is often driven by user data, network effects, digital ecosystems and technology rather than physical assets alone. As platforms expand, competition issues may arise even where traditional indicators such as revenue or market share do not fully reflect competitive influence.
Examples include:
- e-commerce platforms;
- ride-hailing platforms;
- logistics platforms;
- fintech platforms;
- online advertising platforms;
- AI-powered marketplace operators.
The legal assessment therefore extends beyond pricing and market share.
Under digital platform competition law Vietnam, regulators may also consider factors such as platform access, user dependence, data accumulation and competitive effects within digital ecosystems.
This broader approach reflects international competition law developments and is becoming increasingly relevant as Vietnam’s digital economy continues to grow.
Data and Market Power
Data has become one of the most valuable business assets in the digital economy.
Large datasets may improve recommendation systems, advertising performance, fraud detection, logistics optimisation and customer experience. At the same time, extensive control over commercially valuable data may strengthen a company’s competitive position.
For this reason, data-driven market power Vietnam is increasingly discussed in competition law analysis.
Market power in digital markets may result from several factors, including:
- access to large user databases;
- exclusive control of transaction data;
- network effects;
- switching costs;
- integration across multiple digital services.
None of these factors automatically creates competition concerns.
However, where they substantially affect competition, they may become relevant when assessing market power under competition law Vietnam.
For investors, the practical issue is understanding that market power may be influenced by qualitative factors as well as traditional financial indicators.
This is particularly important where acquisitions involve digital businesses whose primary assets consist of technology, customer relationships or commercially valuable datasets rather than manufacturing facilities or physical infrastructure.
Can Data Influence Merger Control Assessments?
Potentially, yes.
The increase in financial notification thresholds introduced by Resolution No. 66.18/2026/NQ-CP reduces filing obligations for some transactions. However, the Competition Law continues to require an assessment of competitive effects where merger notification is applicable.
In digital sectors, the competitive significance of data may form part of that broader analysis.
For example, an acquisition involving:
- a rapidly growing digital platform;
- proprietary recommendation technology;
- valuable customer data;
- AI-enabled business systems;
- large user communities;
may require closer competition analysis than financial figures alone might suggest.
Accordingly, enterprises doing business in Vietnam planning technology acquisitions should consider both merger control Vietnam requirements and broader competition law implications during transaction planning.
Algorithmic Pricing and Pricing Coordination Risks
Pricing algorithms are increasingly used across digital markets.
Businesses may rely on automated systems to optimise prices, respond to demand, adjust promotions or analyse competitor behaviour.
These technologies offer significant commercial benefits.
However, algorithmic pricing Vietnam also raises important competition law considerations where pricing systems influence market behaviour in ways that may reduce competition.
Examples include:
- automated dynamic pricing;
- AI-assisted pricing recommendations;
- machine-learning optimisation tools;
- real-time price adjustment software.
The use of pricing technology is not prohibited.
The legal assessment focuses instead on how the technology is designed, implemented and used within the relevant commercial context.
Businesses should therefore ensure that pricing systems remain consistent with broader antitrust compliance Vietnam policies and internal governance procedures.
When Can Pricing Algorithms Become a Competition Issue?
Competition concerns generally arise from conduct rather than technology itself.
For example, greater legal scrutiny may be appropriate where pricing systems:
- facilitate unlawful coordination;
- reduce independent commercial decision-making;
- support information exchange between competitors;
- reinforce anti-competitive agreements.
Each situation requires assessment based on its own facts.
Enterprises doing business in Vietnam implementing AI-driven pricing tools should therefore include competition law review within their technology governance process rather than considering regulatory issues only after deployment.
This approach supports effective antitrust compliance Vietnam while reducing legal risk as digital pricing systems become increasingly sophisticated.
Platform Access, Self-Preferencing and Discrimination
Many digital businesses operate as intermediaries connecting different groups of users, such as buyers and sellers, drivers and passengers, merchants and consumers, or advertisers and publishers.
As platforms grow, decisions relating to access and ranking may have a significant impact on market competition.
Examples include:
- prioritising the platform’s own products or services over those of third-party businesses;
- restricting access to essential platform functions;
- applying different commercial conditions to similarly situated business users;
- limiting interoperability with competing platforms;
- favouring affiliated businesses in search results or recommendation systems.
These practices are not automatically unlawful.
Whether they raise competition concerns depends on the surrounding circumstances, including the platform’s market position, the justification for the conduct and its actual effects on competition.
For digital businesses, platform governance should therefore be reviewed alongside commercial strategy rather than only after disputes arise.
This is becoming an increasingly important aspect of digital platform competition law Vietnam as platform ecosystems continue to expand across e-commerce, logistics, fintech and online services.
Abuse of Dominance in Digital Markets
Competition risks in digital markets are no longer measured solely by market share.
Control over user data, network effects, platform dependence and technological ecosystems may strengthen a company’s market position even where traditional indicators appear less significant.
Where a business holds a dominant position, certain commercial practices may require closer legal assessment under Vietnamese competition law.
Examples may include:
- refusal to provide access to essential platform services;
- discriminatory treatment of business users;
- exclusionary pricing strategies;
- unjustified restrictions on interoperability;
- leveraging dominance from one digital market into another.
Whether particular conduct constitutes abuse of dominance Vietnam depends on the specific facts, the relevant market and the competitive effects of the conduct.
No single factor is determinative.
Accordingly, businesses should regularly review their commercial practices as they expand their digital ecosystems rather than assuming that rapid business growth alone creates legal risk.
Link with Data Protection, Cybersecurity and Consumer Protection
Competition law Vietnam should not be considered in isolation.
Digital businesses are increasingly required to comply with multiple regulatory frameworks at the same time.
For example, decisions relating to customer data may involve competition law, personal data protection, cybersecurity and consumer protection requirements simultaneously.
Similarly, recommendation systems, targeted advertising and AI-enabled decision-making may engage several regulatory regimes depending on how they are designed and implemented.
For this reason, legal assessments should adopt a coordinated approach rather than reviewing each area separately.
For investors, the practical issue is identifying regulatory overlap early.
An acquisition involving a digital platform, for example, may require review under merger control Vietnam while also raising questions relating to data governance, consumer rights and cybersecurity compliance.
A coordinated legal review helps reduce implementation risks and supports consistent compliance across different regulatory areas.
Practical Antitrust Compliance Steps
Digital businesses should integrate competition law into their governance framework as their platforms grow.
An effective compliance programme should extend beyond traditional merger notification and include ongoing review of commercial practices, platform governance and data-related decision-making.
The following checklist provides a practical starting point.
| Compliance Area | Practical Review |
| Platform governance | Review access criteria, ranking mechanisms and treatment of third-party business users. |
| Data governance | Assess how commercially valuable data is collected, shared and used. |
| Pricing systems | Review automated pricing tools and AI-supported pricing processes. |
| Information exchange | Limit unnecessary sharing of commercially sensitive information with competitors or business partners. |
| Commercial agreements | Review exclusivity, interoperability and platform access provisions. |
| Competition compliance | Conduct periodic legal reviews as business models, digital services and market positions evolve. |
An effective antitrust compliance Vietnam programme should also include regular employee training, internal reporting procedures and legal review of new digital products before commercial launch.
This approach helps businesses identify potential competition issues early while supporting sustainable business growth.
Working with experienced competition lawyers in Vietnam can also assist businesses in developing compliance frameworks tailored to digital markets and emerging technologies. Where transactions involve acquisitions of digital businesses or platform operators, Vietnam merger control lawyers can provide integrated advice on merger control Vietnam, economic concentration Vietnam assessments and broader competition law Vietnam obligations.
Frequently Asked Questions
1. Can digital platforms be subject to competition law in Vietnam?
Yes. Digital platforms are subject to Vietnamese competition law where their conduct or transactions affect competition in the Vietnamese market.
2. Does control over data create market power?
Potentially. Access to valuable data may strengthen a company’s competitive position depending on the market and surrounding circumstances.
3. Is algorithmic pricing prohibited in Vietnam?
No. Algorithmic pricing is generally lawful, but its use should not facilitate anti-competitive conduct or unlawful coordination.
4. Can self-preferencing create competition law concerns?
Yes. Self-preferencing may require legal assessment where it restricts competition or disadvantages business users without objective justification.
5. Do digital platform acquisitions require merger notification in Vietnam?
Yes, if the transaction qualifies as an economic concentration and meets the applicable notification thresholds.
6. Why should digital businesses implement antitrust compliance programmes?
Regular compliance reviews help identify competition risks before new products, partnerships or transactions are implemented.
Conclusion
Vietnam’s competition framework is evolving alongside the country’s digital economy. While Resolution No. 66.18/2026/NQ-CP focuses on merger notification thresholds, businesses operating digital platforms should take a broader view of competition compliance. Market power is no longer assessed solely by reference to traditional financial indicators. Data, platform access, recommendation systems, pricing algorithms and ecosystem control may also become relevant when evaluating competitive effects.
For digital businesses, competition law should be incorporated into product development, commercial strategy and transaction planning from the outset. Early legal review helps reduce regulatory risk, supports responsible innovation and provides greater certainty as digital business models continue to develop.
ASL LAW assists investors and businesses with merger control assessment, filings of economic concentration Vietnam, antitrust compliance review and competition law advice in Vietnam.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
Contact antitrust and competition law firm in Vietnam ASL LAW for advice on competition law Vietnam from competition lawyers in Vietnam specializing in antitrust and economic concentration Vietnam.
