Antitrust Lawyer Blog Commentary on Current Developments

EC Launches Review of Anti-dumping Measures

European Commissioner for Trade Peter Mandelson has launched a review of the Commission's anti-dumping measures.
The review comes at a time when concerns have been raised that the Commission's anti-dumping measures do not always serve the interests of EU companies and consumers. Examples of this include quotas on Chinese textiles and anti-dumping tariffs imposed on Chinese-manufactured shoes. This review comes at a time when manufacturers are increasingly working to establish ventures in developing countries that are directly affected by EU-imposed trade sanctions. These manufacturers view anti-dumping and other trade defence mechanisms as a form of protectionism. However, member states remain divided on the best way to respond.

Despite a December 2005 report concluding that the EU's trade defence measures function well, one possible reform could be widening the scope of the so-called 'Community interest clause.' This clause allows the Trade Commissioner discretion not to raise tariffs even if dumping is determined, on the grounds that doing so would harm EU companies or consumers. Such a move could increase the flexibility of anti-dumping measures.

Authored by

D. Sexton
202-589-1836
dsexton@dbmlawgroup.com