Anti-Dumping and Anti-Trust Issues in Free-Trade Areas (Hardcover, New)

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 protect statehood 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 in transnational 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

General

Imprint:	Clarendon Press
Country of origin:	United Kingdom
Release date:	December 1994
First published:	October 1996
Authors:	Gabrielle Marceau (Legal Affairs Officer with GATT, Geneva; President of the Executive of the International Economic Law Society)
Dimensions:	243 x 161 x 31mm (L x W x T)
Format:	Hardcover
Pages:	384
Edition:	New
ISBN-13:	978-0-19-825920-6
Categories:	Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Competition law Books > Law > International law > Public international law > International economic & trade law > General
LSN:	0-19-825920-4
Barcode:	9780198259206

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