The System of Energy Dual Pricing in Russia and Ukraine: The Consistency of the Energy Dual Pricing System with the WTO Agreement on Anti-Dumping

Global Trade and Customs Journal, Vol. 4, No. 10, p. 313, 2009

14 Pages Posted: 7 Apr 2012

Date Written: September 1, 2009

Abstract

Dual pricing has been a controversial issue in the General Agreement on Tariffs and Trade and the World Trade Organization in the context of trade in natural resources and natural resources-based products. So far, a WTO panel had never had a chance to rule the consistency of energy dual pricing system with WTO rules. This article examines relationship between dual pricing systems in Russia and Ukraine and antidumping measures applied against these countries' exporters of energy-intensive products. The key question analyzed in the article is whether the WTO Agreement on Anti-Dumping allows using costs information from a third country, when exports under investigation originate in a market economy country?

Keywords: Dual pricing, market economy, non-market economy, antidumping, WTO law, EU law

Suggested Citation

Pogoretskyy, Vitaliy, The System of Energy Dual Pricing in Russia and Ukraine: The Consistency of the Energy Dual Pricing System with the WTO Agreement on Anti-Dumping (September 1, 2009). Global Trade and Customs Journal, Vol. 4, No. 10, p. 313, 2009, Available at SSRN: https://ssrn.com/abstract=2035581

Vitaliy Pogoretskyy (Contact Author)

Advisory Centre on WTO Law ( email )

Geneva, Geneva 1202
Switzerland

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