Subjects:

Competition Law

Contents:

I. Introduction.

II. Substantial Issues of Dumping and Subsidies.

A. Basic Principles Regarding Dumping and Subsidies.

B. Definition of a Subsidy Countervailable and Non-Countervailable Subsidies.

C. Calculation of Dumping and Countervailable Subsidies.

D. Determination of Injury.

E. Definition of Community Industry.

F. Sampling.

III. Procedural Issues of Dumping and Subsidies.

A. Initiation of an Anti-Dumping/Anti-Subsidies Procedure: The Filing of a Complaint.

B. The Procedure Following the Initiating of Proceedings.

IV. The Outcome of Anti-Dumping/Anti-Subsidies Investigations.

A. Imposition of Provisional Measures by the Commission.

B. Termination of Investigation by Acceptance of Undertakings by the Commission.

C. Termination of the Proceedings Without Measures Imposition of Definitive Duties by the Commission.

D. Duration of Measures Reviews.

E. Refunds.

F. Absorption of Measures.

G. Circumvention of Measures.

H. Suspension of Measures.

I. General Provisions Publication of Measures Consultations.

V. Judicial Review of the Various Commission Decisions in Anti-Dumping/Anti-Subsidies Cases.

A. Action for Annulment: Challengeable Acts and the Locus Standi of the Interested Persons.

B. Actions for Failure to Act Actions for Damages. Case Law of the European Courts. Community Institutions Acts Imposing Measures. Indicative Bibliography.

Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed.

The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following:-

• Initial complaint
• Questionnaires
• Confrontation meetings and oral hearings
• Investigations by Commission official;
• Offer and acceptance /rejection of undetaking;
• Commenting on the Commission s provisional decision
• Requesting review of measures and refunds and
• Judicial review