Does Antidumping Address 'Unfair' Trade? The European Union's Experience

Published under the title "Does Antidumping Address 'Unfair' Trade?", International Trade Journal 28(3), 2014: 195-228

38 Pages Posted: 4 Jan 2013 Last revised: 1 Jul 2014

See all articles by Derk Bienen

Derk Bienen

BKP Development Research & Consulting GmbH; Addis Ababa University

Dan Ciuriak

Ciuriak Consulting Inc.; Centre for International Governance Innovation (CIGI); C.D. Howe Institute; Asia Pacific Foundation of Canada; BKP Development Research & Consulting GmbH

Timothée Picarello

BKP Development Research & Consulting GmbH

Date Written: November 1, 2013

Abstract

While antidumping laws were originally developed as the international trade analogue of domestic competition or antitrust policies, most vestiges of competition policy disappeared early in their evolution. Nonetheless, the formal justification for modern antidumping practice remains founded on the bedrock of countering “unfair” trading practices and preserving competitive markets. Consistent with this formal rationale, antidumping law has been replaced by competition policy mechanisms in some instances, such as in the European Union’s internal market and in a number of bilateral free trade agreements. We update and consolidate a relatively thin literature that has examined this issue formally. Adapting the established methodology, we develop a “likelihood of predatory practice” index which categorizes antidumping cases in line with the probability that they indeed constitute cases of predatory behavior which might legitimately have triggered competition policy actions had they occurred in a domestic market context. We apply this index to the European Union’s use of antidumping proceedings in its extra-EU trade over the period 2001 to 2010. Overall, we find more instances than previous studies where the EU antidumping measures address cases which would attract competition policy actions, although these are still a minority.

Keywords: Trade remedies, anti-dumping, competition policy, European Union

JEL Classification: F13, F14

Suggested Citation

Bienen, Derk and Ciuriak, Dan and Picarello, Timothée, Does Antidumping Address 'Unfair' Trade? The European Union's Experience (November 1, 2013). Published under the title "Does Antidumping Address 'Unfair' Trade?", International Trade Journal 28(3), 2014: 195-228. Available at SSRN: https://ssrn.com/abstract=2195542 or http://dx.doi.org/10.2139/ssrn.2195542

Derk Bienen

BKP Development Research & Consulting GmbH ( email )

Jutastr. 14
München, 80636
Germany

Addis Ababa University ( email )

King George VI St
Addis Ababa, 1000
Ethiopia

Dan Ciuriak (Contact Author)

Ciuriak Consulting Inc. ( email )

83 Stewart St.
Ottawa, Ontario K1N 6H9
Canada

Centre for International Governance Innovation (CIGI) ( email )

57 Erb Street West
Waterloo, Ontario N2L 6C2
Canada

C.D. Howe Institute ( email )

67 Yonge St., Suite 300
Toronto, Ontario M5E 1J8
Canada

Asia Pacific Foundation of Canada ( email )

Canada

HOME PAGE: http://ciuriakconsulting.com/

BKP Development Research & Consulting GmbH ( email )

Romanstrasse 74
München, 80639
Germany

Timothée Picarello

BKP Development Research & Consulting GmbH ( email )

Romanstrasse 74
München, 80639
Germany

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