EU ANTI-DUMPING POLICY: A REGULATORY PERSPECTIVE

In: Journal of European public policy, Volume 3, Issue 4, p. 647-664

Abstract

THIS ARTICLE OUTLINES THE EUROPEAN UNION'S (EU) ANTI-DUMPING REGIME, AND CONTRASTS THE PROCESS WITH THE EU'S OWN COMPETITION REGIME AND WITH THE ANTI-TRUST AND ANTI-DUMPING SYSTEMS IN THE U.S.A. THE ARTICLE ARGUES THAT ATTEMPTS TO "JUDICIALIZE" ANTI-DUMPING ALONG THE LINES OF COMPETITION PROCEDURES ARE UNREALISTIC OWING TO THE UNDERLYING DIFFERENCES IN THE POLICIES. MOST IMPORTANTLY, THE ROLE OF THE MEMBER STATES IN EU ANTI-DUMPING POLICY IS MORE SIGNIFICANT THAN MIGHT AT FIRST APPEAR. THE LACK OF A COMMON IDEOLOGICAL POSITION AMONG THE MEMBER STATES MEANS THAT THEY WILL BE UNWILLING OR UNABLE FOR THE FORESEEABLE FUTURE TO DEVISE A PURELY LEGALISTIC AND DEPOLITICIZED SET OF RULES WHICH WOULD BE NECESSARY FOR APPLICATION OF THE ANTI-DUMPING REGIME TO BE SOLELY DELEGATED TO THE COMMISSION.