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Legal And Economic Interfaces Between Antidumping And Competition Policy
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Author :José Tavares de Araújo Júnior Publisher :Santiago, Chile : United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit ISBN 13 : Total Pages :32 pages Book Rating :4.:/5 (318 download)
Book Synopsis Legal and Economic Interfaces Between Antidumping and Competition Policy by : José Tavares de Araújo Júnior
Download or read book Legal and Economic Interfaces Between Antidumping and Competition Policy written by José Tavares de Araújo Júnior and published by Santiago, Chile : United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit. This book was released on 2001 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between antidumping and antitrust is a polemic issue in every integration process for both legal and economic reasons. From a legal perspective, antidumping rules allow practices such as price undertakings and quantitative trade restrictions that are forbidden by competition law. From an economic viewpoint, the two policies pursue different objectives that eventually may lead to conflicting situations. This paper summarizes the current debate about antidumping rules in the United States; it reviews the instruments used by the European Union and the U.S. government for reconciling a strong enforcement of competition laws; it highlights some peculiarities of the FTAA process; and presents the main conclusions on this topic.
Book Synopsis Antidumping Laws and the U.S. Economy by : Greg Mastel
Download or read book Antidumping Laws and the U.S. Economy written by Greg Mastel and published by Routledge. This book was released on 2016-09-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Antidumping written by Reem Raslan and published by Kluwer Law International B.V.. This book was released on 2009-09-21 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Relationship Between Competition Policy and Anti-dumping Law by :
Download or read book The Relationship Between Competition Policy and Anti-dumping Law written by and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Antidumping Law and Practice by : John Howard Jackson
Download or read book Antidumping Law and Practice written by John Howard Jackson and published by University of Michigan Press. This book was released on 1989 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars, economists, lawyers, and government officials debate American trade policy
Book Synopsis The Anti-Dumping Agreement and Developing Countries by : Aradhna Aggarwal
Download or read book The Anti-Dumping Agreement and Developing Countries written by Aradhna Aggarwal and published by Oxford University Press. This book was released on 2006-10-20 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of globalization, trade policy has become a key development tool and expanding exports a major policy objective for developing countries. However, pressures for protectionism are threatening to reverse the gains. The surge of anti-dumping practices in the 1990s in many countries have triggered an intense debate on the anti-dumping agreement and its implementation. This volume analyses the importance of anti-dumping from a developing country's perspective. The author investigates the use of anti-dumping in a comparative framework and reviews the genesis and evolution of the Agreement and its legal provisions. She further discusses the economic and non-economic justifications of anti-dumping use and empirically analyses the macro-economic factors motivating countries to use anti-dumping. Finally she examines the wide-ranging proposals to reform the WTO anti-dumping code. The analysis brings out a bias against developing countries and stresses the need for fundamental reform of current anti-dumping rules. The author also reflects on plausible approaches to refine existing provisions and explores the possibility of reform by including a Public Interest Test. She suggests updating the special and differential treatment provisions to remedy existing imbalances.
Book Synopsis Anti-dumping and Countervailing Action by : Philip Bentley
Download or read book Anti-dumping and Countervailing Action written by Philip Bentley and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: ''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school
Book Synopsis A Critique of Anti-Dumping Laws by : Owais Hasan Khan
Download or read book A Critique of Anti-Dumping Laws written by Owais Hasan Khan and published by Cambridge Scholars Publishing. This book was released on 2018-10-12 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of anti-dumping laws enforced by the World Trade Organisation. Anti-dumping laws are the most debatable provisions of the WTO, which, though legally permitted, have a significant distorting effect on trade. They are also often used as a non-tariff barrier to trade in the form of regulatory protectionism. The book brings forth the philosophical, conceptual and practical flaws of international anti-dumping laws, and establishes a case for the repealing of such laws. Furthermore, it proposes the replacement of these laws with international competition law. In doing so, it also demonstrates the ascendancy of international competition law over anti-dumping laws, and discusses India’s take on anti-dumping laws and their incorporation in domestic regulations.
Book Synopsis The Relationship Between Trade Policy and Competition Policy by : Gonenc Gurkaynak
Download or read book The Relationship Between Trade Policy and Competition Policy written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article revolves around the interaction between trade policy and competition policy, with a particular emphasis on the relationship between anti-dumping and predatory pricing rules. Accordingly, this article discusses the differences and similarities between the two policies, based on the varying objectives of these policy instruments, the measures used to enforce them, and the role that trade and competition policies currently play in the international trading system. In this regard, an in-depth analysis on the interaction of the two policies between the doctrine concerning domestic price discrimination (i.e., predatory pricing) and price discrimination in international trade (i.e., dumping) with a focus on the overlapping areas between these policies is reviewed in this article.
Book Synopsis Anti-dumping and Anti-trust Issues in Free-trade Areas by : Gabrielle Marceau
Download or read book Anti-dumping and Anti-trust Issues in Free-trade Areas written by Gabrielle Marceau and published by Oxford University Press on Demand. This book was released on 1994 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers.Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protectstatehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised intransnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptablein a domestic market. Security and other national policies ought to be weighted against efficiency considerations. In this context, the European framework of analysis, where variables additional to efficiency are balanced in competition assessments, provides a good model for such an international code of competition. Indeed, within a regional economic grouping, interests may be different. Anti-dumping laws may be phased out if states are willing to see national distinction phasing out as well. It is argued in this book that NAFTA can constitute a laboratory for needed discussion on an international code of conduct of firms and governments. It will then be suggested that anti-dumping actions could be phased out within NAFTA only if a comprehensive system of competition laws were to beenforceable against any transnational restrictive business practice. But for all states to agree on such legislation, they must have reached parallel.
Download or read book Interface One written by and published by . This book was released on 1980 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cambridge Yearbook of European Legal Studies Vol 5, 2002-2003 by : John Bell
Download or read book Cambridge Yearbook of European Legal Studies Vol 5, 2002-2003 written by John Bell and published by Bloomsbury Publishing. This book was released on 2004-04-28 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 5 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple QC, David O'Keeffe, Lord Lester of Herne Hill QC, Stephanie Palmer, David Vaughan QC, CBE, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward
Book Synopsis A General Theory of Trade and Competition by : Shanker Singham
Download or read book A General Theory of Trade and Competition written by Shanker Singham and published by Cameron May. This book was released on 2007 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Theory of Trade... is the first academic or practitioner text book to establish a general theory of trade and competition and attempts to bring these two disciplines back together. Shanker Singham demonstrates that there is indeed a powerful interface between these two areas and that by understanding this interface practitioners, be they in governments, companies or law and economics firms can succeed in trade negotiations as well as build up support for free trade principles in a time when they are being increasingly challenged. By noting that consumer welfare is enhanced where trade liberalization is accompanied by competitive markets and property rights protection, the author articulates an overall vision in which future policymakers can frame a different kind of trade debate.
Book Synopsis Antidumping in the Americas by : José Tavares de Araújo Júnior
Download or read book Antidumping in the Americas written by José Tavares de Araújo Júnior and published by United Nations Publications. This book was released on 2001 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developed countries and a growing number of developing countries have increasingly relied on antidumping laws to provide import relief to particular economic sectors. As practiced today, however, antidumping also entails heavy costs, for the foreign firms targeted by this policy and for consumers in the country applying antidumping legislation. The publication argues that the debate on antidumping should be viewed taking into account the negotiations to create the Free Trade Areas of the Americas (FTAA) as well as the costs and benefits of all import relief measures, including safeguards.
Book Synopsis Finding Middle Ground by : Centre for Trade Policy and Law
Download or read book Finding Middle Ground written by Centre for Trade Policy and Law and published by . This book was released on 1997 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of International Trade Law as a Monistic System by : Hercules Booysen
Download or read book Principles of International Trade Law as a Monistic System written by Hercules Booysen and published by Interlegal cc. This book was released on 2003 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Market Structure and Competition Policy by : George Norman
Download or read book Market Structure and Competition Policy written by George Norman and published by Cambridge University Press. This book was released on 2000-11-30 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2000 text applies modern advances in game theory to the analysis of competition policy and develops some of the theoretical and policy concerns associated with the pioneering work of Louis Phlips. Containing contributions by leading scholars from Europe and North America, this book observes a common theme in the relationship between the regulatory regime and market structure. Since the inception of the new industrial organization, economists have developed a better understanding of how real-world markets operate. These results have particular relevance to the design and application of anti-trust policy. Analyses indicate that picking the most competitive framework in the short run may be detrimental to competition and welfare in the long run, concentrating the attention of policy makers on the impact on the long-run market structure. This book provides essential reading for graduate students of industrial and managerial economics as well as researchers and policy makers.
