BOOKS: REYMOND Damien, Bruylant, préface de Laurence Idot, collection Droit de l’Union européenne, 2015, 691 p.

Action antidumping et droit de la concurrence dans l’Union européenne

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European Union law addresses corporate pricing behaviour through anti-trust rules and anti-dumping-legislation. These two regulations differ in many respects. In international contexts and according to different divisions of competences, they pursue distinct objectives: defending the interests of certain European competitors versus promoting free competition for the benefit of consumers. However, both contribute to protecting fair competition (i.e. promoting a certain homogeneity of competition conditions). They address different pricing practices: the markets concerned are defined differently (product concerned exported from a third country and like product produced by the Union industry versus relevant product and geographic market) and the characteristics of the companies concerned are also different (no form of agreement between companies and no minimum market power required by the anti-dumping legislation); discriminatory dumping is not equivalent to any anti-competitive discriminatory price and dumping at a loss is not equivalent to predatory pricing or any other anti-competitive low price. Notwithstanding their differences, the two regulations must coexist peacefully. Yet the impact of anti-dumping action on competition can be excessive and undermine its legitimacy. On the one hand, opportunities for protectionist bias in the determination of injurious dumping are still plentiful in anti-dumping legislation and Commission practice. On the other hand, the implementation of anti-dumping legislation can be detrimental to competition in the internal market through the impact of anti-dumping proceedings and measures on competition and the anti-competitive effects of certain corporate behaviour in or around anti-dumping proceedings.

Such harmful effects on competition are already reduced by provisions such as the lesser duty rule and the public interest (Union interest) clause, but could and should be further reduced in order to ensure the most cordial possible understanding between anti-dumping action and EU competition policy.

This book is aimed at lawyers specialising in European law, competition law and/or international trade law (in particular trade defence instruments), competition authorities, foreign trade administrations and academics.

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Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Vincent Bridoux, Action antidumping et droit de la concurrence dans l’Union européenne, May 2016, Concurrences N° 2-2016, Art. N° 78959, pp. 268-269

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