Dumping, antidumping and antitrust

Article Abstract:

A multilateral competition-policy-based agreement could be used to address market access restrictions, unfair trade, and antidumping issues, as has been done in several regional integration agreements. One approach to unfair trade issues using competition-policy disciplines would be to limit remedies to existing antitrust laws, non-violation complaints, and antidumping. Another approach would be to use World Trade Organization mechanisms in investigations of business restrictions. Antidumping conditioned on antitrust oversight may be the best option on a regional basis.

Interpretation and construction, International aspects, Antitrust law, Commercial treaties, Trade agreements

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The Venezuelan antidumping and countervailing duties regime

Article Abstract:

The 1992 Venezuelan Antidumping Law established the Antidumping and Subsidies Commission (CASS) to handle its antidumping and countervailing duties (AD/CVD) system. CASS conducts investigations, make duties and injury determinations, and facilitates settlements. CASS considers adjustment, margin of dumping, normal value, and export price in determining dumping. The Venezuelan law also addresses subsidies and like-products. However, the system's use has decreased, possibly due to factors such as foreign-exchange restrictions or lack of knowledge about the AV/CVD system.

International trade, Venezuela, Countervailing duties

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The application of the GATT/WTO dispute resolution system to competition issues

Article Abstract:

The question of whether there are specific provisions in the existing GATT/WTO dispute settlement system which have to be reformed if applied to multilateral competition agreement is analyzed. Various aspects of trade and competition rules, the objectives of the GATT/WTO and the dispute settlement mechanisms were examined. Five areas of reform are suggested. These are: the standing of the parties involved, the manner in which information is regarded by WTO adjudicating bodies, expertise, standard proof and the remedies to be proposed in any settlement.

World Trade Organization, International competition (Commerce), International competition (Economics)

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