This article examines how
public interest considerations shape the design and enforcement of competition
law, using Vietnam’s National Competition Commission (NCC) as a case study.
Public interest – balancing consumer welfare with state-driven economic goals –
informs national competition policies. It enables competition authorities to
pursue their objectives, yet it creates tensions in practice. The NCC’s
effectiveness in Vietnam is undermined by its subordination to the Ministry of
Industry and Trade (MoIT), which oversees dominant state-owned enterprises
(SOEs). This legal status fosters conflicts with sectoral regulators, influence
from interest groups, and inconsistent enforcement, compromising the NCC’s
ability to address anti-competitive practices impartially. Drawing on global
examples (e.g., Australia, South Africa) and Vietnam’s Law on Competition (LoC)
2018, the study reveals a dilemma: the NCC struggles to reconcile public
interest goals like SOE support with competition aims like market fairness. The
article argues that the NCC’s lack of independence – rooted in its MoIT ties –
drives inefficiency and bias, necessitating reform. It proposes statutory
changes to grant the NCC autonomy, ensuring its power and objectivity in
enforcing competition law. These findings offer lessons for transitional
economies navigating similar public interest-competition trade-offs.