A Framework for Administering the 1916 Antidumping Act: Lessons from Antitrust Economics
29 Pages Posted: 23 Feb 2007
The 1916 Antidumping Act is an ambiguous statute with virtually no legislative history. This article analyzes the Act from an economic perspective, arguing that Congress probably intended not to shield American industries from foreign competition by proscribing international price discrimination, but to protect American consumer by proscribing only international predatory pricing. Yet the social costs of any such attempt to protect consumers are likely to exceed the social benefits. Congress should, the article concludes, repeal the Act. As a second-best alternative, courts should adopt an approach that would reduce the probability that litigation under the Act will impair consumer welfare.
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