Abstract

The exemption regime for restrictive agreements serves as an important mechanism for balancing the protection of competition with the promotion of economic efficiency. Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) establishes four cumulative conditions for exemption, which have been further clarified and developed through the case law and enforcement practice of the European Union. By contrast, Article 14 of Vietnam’s 2018 Competition Law provides only a general legal framework and lacks specific criteria for assessing whether restrictive agreements qualify for exemption. Drawing on an analysis of the exemption conditions under Article 101(3) TFEU and a comparative examination of Vietnamese competition law, this article identifies shortcomings in the current regulatory framework and proposes recommendations for improving the legal provisions governing exemptions for restrictive agreements in Vietnam.

Keywords: Article 101(3) TFEU; exemption; exemption conditions; restrictive agreements; Vietnamese competition law.