One (Firm) is Not Enough: A Legal-Economic Analysis of EC-Fasteners

43 Pages Posted: 13 Aug 2012

See all articles by Chad P. Bown

Chad P. Bown

Peterson Institute for International Economics

Petros C. Mavroidis

Columbia University - Law School; European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: August 13, 2012

Abstract

The WTO’s Appellate Body (AB) dealt with a number of issues for the first time in the Report of EC-Fasteners. Importantly, the AB discussed the consistency of the European Union (EU) regulation with the multilateral rules on the conditions for deviating from the obligation to calculate individual dumping margins. Although China formally won the argument, the AB may have opened the door to treat China as a non-market economy (NME) even beyond 2016 when China’s NME-status was thought to expire under the terms of China’s 2001 WTO Accession Protocol. The AB further dealt with numerous other issues ranging from statistical sampling to the treatment of confidential information. In handling its investigation, the EU authorities made a number of questionable decisions regarding the collection of information, and this aspect of the process was central to China’s legal challenges.

Keywords: WTO, dispute settlement, antidumping, non-market economy (NME), China

JEL Classification: F13, K32

Suggested Citation

Bown, Chad P. and Mavroidis, Petros C., One (Firm) is Not Enough: A Legal-Economic Analysis of EC-Fasteners (August 13, 2012). Available at SSRN: https://ssrn.com/abstract=2128698 or http://dx.doi.org/10.2139/ssrn.2128698

Chad P. Bown (Contact Author)

Peterson Institute for International Economics ( email )

1750 Massachusetts Avenue, NW
Washington, DC 20036
United States

Petros C. Mavroidis

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

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