ARTICLES: ANTI-DUMPING - COMPETITION - MODERNISATION - TRADE DEFENCE INSTRUMENTS

Anti-dumping and competition in light of Trade Defence Instruments modernisation

The European Union anti-dumping action has some restrictive effects on competition which result not only from the anti-dumping proceedings and measures, but also from some undertakings’ behaviours within the ambit of these anti-dumping proceedings, or surrounding them. These effects on competition, which must be minimized, are described in this article, which then explores how the ongoing reform of the trade defence instruments (TDI) could contribute to this objective of minimization and proposes other means, which might be implemented in the future, in order to better achieve it.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. (This article includes some developments from a thesis written under the direction of Professor L. Idot and defended at the University Panthéon-Assas (Paris II) on July 8, 2014). 1. "All anti-dumping legislation, if not handled with care, tends to discourage competition [1]." While it is generally accepted that anti-dumping action is detrimental to free competition, the most "cordial" "entente" possible between such action against an international trade practice considered unfair and the Union's competition policy is the primary objective that European trade defence should pursue. In the European Community [2], now the Union, anti-dumping action and

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  • University Paris II Panthéon‑Assas

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Damien Reymond, Anti-dumping and competition in light of Trade Defence Instruments modernisation, January 2015, Concurrences N° 1-2015, Art. N° 70668, pp. 64-72

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