Anti Dumping Law In A Liberal Trade Order

Scholars, economists, lawyers, and government officials debate American trade policy

A hard-hitting look at the way antidumping arguments are being used to undermine free trade

This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.

Available in electronic format

The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

This book aims to examine the use of antidumping laws as “temporary adjustment” safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditions. The book is divided into six chapters: The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level; The second chapter reviews current WTO antidumping law; The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India. The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and Finally, the sixth chapter looks at economies of scale as barriers to effective competition.