Abusing the Trade Laws: An Antitrust Perspective

Abstract:     
The U.S. trade laws provide domestic firms with remedies against foreign firms which employ unfair trade practices. A party can initiate an antidumping or countervailing duty proceeding simply by filing a petition alleging that it has been injured by foreign competition. Normally, petitions for relief under the trade laws should not subject domestic firms to antitrust liability. However, firms which enter collusive settlements with foreign competitors and bring frivolous trade actions for collateral purposes should not escape antitrust scrutiny. This article examines the antitrust risks firms face when they abuse the trade laws, and the application of the Noerr-Pennington and sham litigation doctrines to the bringing of trade actions.

Number of Pages in PDF File: 32

Keywords: antitrust, Sherman Act, collusion, monopolization, attempted monopolization, settlement agreements, antidumping duties, dumping, subsidies, countervailing duties, import relief, Commerce Department, Noerr-Pennington, sham litigation

JEL Classification: D40, F13, K21, L10, L40

Accepted Paper Series