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The European Union's Trade Defence Modernisation Package - A Missed Opportunity at Reconciling Trade and Competition? (Paperback, 1st ed. 2022)
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The European Union's Trade Defence Modernisation Package - A Missed Opportunity at Reconciling Trade and Competition? (Paperback, 1st ed. 2022)
Series: EYIEL Monographs - Studies in European and International Economic Law, 23
Expected to ship within 10 - 15 working days
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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.
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