Download or read book Legal and Economic Interfaces Between Antidumping and Competition Policy written by José Tavares de Araújo Júnior and published by Santiago, Chile : United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit. This book was released on 2001 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between antidumping and antitrust is a polemic issue in every integration process for both legal and economic reasons. From a legal perspective, antidumping rules allow practices such as price undertakings and quantitative trade restrictions that are forbidden by competition law. From an economic viewpoint, the two policies pursue different objectives that eventually may lead to conflicting situations. This paper summarizes the current debate about antidumping rules in the United States; it reviews the instruments used by the European Union and the U.S. government for reconciling a strong enforcement of competition laws; it highlights some peculiarities of the FTAA process; and presents the main conclusions on this topic.
Download or read book Antidumping Laws and the U S Economy written by Greg Mastel and published by M.E. Sharpe. This book was released on 1998 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using real world examples, case studies, economic analysis, and statistical examination, author Greg Mastel describes and analyzes the impact of dumping and the operation of antidumping laws in the steel, electronics, bearing, specialty steel, cement, and various agricultural industries, and makes the case that these laws have promoted the cause of free trade. The author also provides a detailed discussion of the implication of the new World Trade Organization (WTO) Antidumping Code for these laws and makes the case for continued aggressive use of antidumping laws. Book jacket.
Download or read book Antidumping written by Reem Raslan and published by Kluwer Law International B.V.. This book was released on 2009-09-21 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to examine the use of antidumping laws as “temporary adjustment” safety valves. That is, domestic industries suddenly exposed to international competition need some measures to help them cope with the new market conditions. The book is divided into six chapters: The introductory chapter first examines the definition of dumping and antidumping. it then evaluates antidumping regulation both at the national and WTO level; The second chapter reviews current WTO antidumping law; The third and fourth chapters look at the antidumping experience of two developing countries: Egypt and India. The fifth chapter examines how current competition law deals with the practice of dumping. Accordingly, price discrimination law and predatory pricing law of both major competition law jurisdictions, the US and the EU are examined. This chapter aims to answer the question of whether competition law in its current form can replace antidumping law; and Finally, the sixth chapter looks at economies of scale as barriers to effective competition.
Download or read book Cambridge Yearbook of European Legal Studies Vol 5 2002 2003 written by John Bell and published by Bloomsbury Publishing. This book was released on 2004-04-28 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 5 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple QC, David O'Keeffe, Lord Lester of Herne Hill QC, Stephanie Palmer, David Vaughan QC, CBE, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward
Download or read book The European Union s Trade Defence Modernisation Package written by Patricia Trapp and published by Springer Nature. This book was released on 2022-01-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.
Download or read book South Asian Yearbook of Trade and Development 2007 2008 written by Centre for Trade and Development New Delhi and published by Academic Foundation. This book was released on 2009 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection of research papers, this annual from the Centre for Trade Development New Delhi discusses the debates on development impacts of trade through rigorous policy research and analysis. Reflecting South Asian perspectives on multilateral and regional trade negotiations, this yearbook examines the challenges the region, and especially India, is facing as it grows economically. This invaluable volume provides policy suggestions for trade negotiators and gives policy makers, as well as business and civil society groups, an opportunity to reflect on the potential of South Asia.
Download or read book Competition Policy and Regional Integration in Developing Countries written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This wonderful volume offers a timely and important look at competition policy where it is changing the most – developing countries pursuing regional agreements. It provides superb analytical discussions of the impact of regional competition policy integration, why developing states have pursued this strategy, and the extent to which it is meeting their needs. the editors have assembled a superb roster of experts, so it is not a surprise that the book recommendations are insightful, and deserving of attention from policy makers.' – Andrew Guzman, Berkeley Law School, US This book presents a detailed study of the interface between regional integration and competition policies of selected regional trade agreements (RTAs), and the potential of regional competition laws to help developing countries achieve their development goals. the book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and also help developing countries to fully enjoy the benefits deriving from a regional market. Bringing together analysis from well-known scholars in the developed world with practical insight from scholars in countries hoping to exploit the potential of competition law, this book will appeal to academics working in the field of competition law, practitioners, policy makers and officials from developing countries, as well as those in development organizations such as UNCTAD.
Download or read book Competition Law and Economics written by Abel Moreira Mateus and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
Download or read book Principles of International Trade Law as a Monistic System written by Hercules Booysen and published by Interlegal cc. This book was released on 2003 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Combating Anti competitive Practices written by International Trade Centre and published by United Nations. This book was released on 2012-10-08 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a wide range of examples of the impact of anti-competitive practices and arrangements on developing country suppliers. Anti-competitive practices and market structures undercut export market opportunities and the productive capacities on which developing country businesses depend. The publication focuses on the impact of state monopolies and abuses of dominant positions in infrastructure markets, the impact of anti-competitive practices in the international distribution and retail sector, and the effect of international cartels. The role and response of the private sector is discussed, as well as the scope for enhanced international cooperation to address these issues.
Download or read book A Critique of Anti Dumping Laws written by Owais Hasan Khan and published by Cambridge Scholars Publishing. This book was released on 2018-10-12 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical analysis of anti-dumping laws enforced by the World Trade Organisation. Anti-dumping laws are the most debatable provisions of the WTO, which, though legally permitted, have a significant distorting effect on trade. They are also often used as a non-tariff barrier to trade in the form of regulatory protectionism. The book brings forth the philosophical, conceptual and practical flaws of international anti-dumping laws, and establishes a case for the repealing of such laws. Furthermore, it proposes the replacement of these laws with international competition law. In doing so, it also demonstrates the ascendancy of international competition law over anti-dumping laws, and discusses India’s take on anti-dumping laws and their incorporation in domestic regulations.
Download or read book Trade Law Experienced written by Jacques H. J. Bourgeois and published by Cameron May. This book was released on 2005 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Competition Law written by Michel Waelbroeck and published by BRILL. This book was released on 2022-03-28 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This prodigious resource responds superbly to the need for a detailed and comprehensive analysis of European competition law that covers theory and practice, public and private enterprise, rules and procedures, disputes and jurisprudence. With numerous case studies from the entire history of the EC, European Community Law analyzes all the EC Treaty provisions relating to competition, as well as their superstructure of regulations and directives. Published under the Transnational Publishers imprint.
Download or read book Market Structure and Competition Policy written by George Norman and published by Cambridge University Press. This book was released on 2000-11-30 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2000 text applies modern advances in game theory to the analysis of competition policy and develops some of the theoretical and policy concerns associated with the pioneering work of Louis Phlips. Containing contributions by leading scholars from Europe and North America, this book observes a common theme in the relationship between the regulatory regime and market structure. Since the inception of the new industrial organization, economists have developed a better understanding of how real-world markets operate. These results have particular relevance to the design and application of anti-trust policy. Analyses indicate that picking the most competitive framework in the short run may be detrimental to competition and welfare in the long run, concentrating the attention of policy makers on the impact on the long-run market structure. This book provides essential reading for graduate students of industrial and managerial economics as well as researchers and policy makers.
Download or read book Competition Law in Malaysia written by Nasarudin Abdul Rahman and published by Kluwer Law International B.V.. This book was released on 2020-09-22 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Malaysia covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Malaysia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Download or read book Anti dumping and Anti trust Issues in Free trade Areas written by Gabrielle Marceau and published by Oxford University Press on Demand. This book was released on 1994 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers.Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protectstatehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised intransnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptablein a domestic market. Security and other national policies ought to be weighted against efficiency considerations. In this context, the European framework of analysis, where variables additional to efficiency are balanced in competition assessments, provides a good model for such an international code of competition. Indeed, within a regional economic grouping, interests may be different. Anti-dumping laws may be phased out if states are willing to see national distinction phasing out as well. It is argued in this book that NAFTA can constitute a laboratory for needed discussion on an international code of conduct of firms and governments. It will then be suggested that anti-dumping actions could be phased out within NAFTA only if a comprehensive system of competition laws were to beenforceable against any transnational restrictive business practice. But for all states to agree on such legislation, they must have reached parallel.
Download or read book Paradigm Shift in International Economic Law Rule Making written by Julien Chaisse and published by Springer. This book was released on 2017-11-13 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.
