EU anti-dumping policy : a regulatory perspective
By: Holmes, Peter
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Contributor(s): KEMPTON, Jeremy.
Material type: 
ArticlePublisher: London : Routledge, December 1996Journal of European Public Policy 3, 4, p. 647-664Abstract: In this article we outline the EU's anti-dumping regime, and contrast the process with the EU's own competition regime and with the anti-trust and anti-dumping systems in the USA. We consider the extent to which there is scope for the use of a more 'regulatory' and less 'political' approach. We argue, however, 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 antidumping policy is more significant than might at first appear. The lack of a common ideological position among the member states means that they will almost certainly 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.
In this article we outline the EU's anti-dumping regime, and contrast the process with the EU's own competition regime and with the anti-trust and anti-dumping systems in the USA. We consider the extent to which there is scope for the use of a more 'regulatory' and less 'political' approach. We argue, however, 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 antidumping policy is more significant than might at first appear. The lack of a common ideological position among the member states means that they will almost certainly 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.
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