Anti-Dumping Policy from a Competition Perspective: An Artificial Shield for National Champions in Open Market What to Do About It?

Asia Competition Law Bulletin, Vol. 2, 2006

22 Pages Posted: 5 May 2011 Last revised: 18 Jul 2013

See all articles by Tran Viet Dung

Tran Viet Dung

Ho Chi Minh City University of Law; DL & Partners

Date Written: December 12, 2006

Abstract

Following the process of globalization trade policy regimes in most countries have gradually transformed from inward oriented protectionist regimes to more outward and liberal trade regimes. Hence, the dual pressure from trade liberalization on one hand and protection on the other hand forced government of those countries to evolve various “emergency” and “safety valve” protection measures to guard against various contingencies arising out of the liberalization and tariff reduction under the multilateral trade system. Trade remedies, in the form of anti-dumping, anti-subsidy and safeguards measures, have form part of the trade policy of number of countries, both developed and developing.

Present study focuses on anti-dumping measures, a trade remedy instrument that is targeted at offsetting unfair competitive practices arising from price discrimination between different geographical markets. Specifically, anti-dumping measures aim to remedy injury by foreign competitors to an importing country’s industry from international price discrimination of dumping.

The paper tries to analyze the effects of dumping and anti-dumping measures on international competition. It questions the appropriateness of this trade remedy measures as an instrument of international competition administration, and suggests alternatives and improvements.

Keywords: competition, anti-dumping, dumping, trade remedy, WTO, protectionism

JEL Classification: F14

Suggested Citation

Viet Dung, Tran, Anti-Dumping Policy from a Competition Perspective: An Artificial Shield for National Champions in Open Market What to Do About It? (December 12, 2006). Asia Competition Law Bulletin, Vol. 2, 2006, Available at SSRN: https://ssrn.com/abstract=1708270

Tran Viet Dung (Contact Author)

Ho Chi Minh City University of Law ( email )

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Ho Chi Minh City
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+84839151624 (Phone)

HOME PAGE: http://www.hcmulaw.edu.vn

DL & Partners ( email )

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