Advocate - BBA. LL.B (hons.), LLM (International Law)
Both anti-dumping laws and competition laws are important laws to regulate global market at large and domestic market, in particular. These laws share the same origin, but still they are different in various aspects. In the early years of adaption of anti-dumping laws, it served the purpose of both anti-dumping and slightly of the competition. It was based on the situation of ‘International Price Predation’. But later on the focus of the anti-dumping law changed and started concerning less and less about the competition. Now the present anti-dumping law completely ignores the competition in market and even less concerned about the issues of predatory pricing. So the major conflict between both Anti-dumping law and Competition law is on ‘Price Discrimination’ which is prohibited under competition law only if it has negative impact on the competition in market and trade, while it is completely prohibited under anti-dumping law as it ignores competition in market. There are various areas of overlapping and conflicts between the competition laws and anti-dumping laws. Both the laws have different objectives to fulfill, because of which they partially appear to contradict one another. Competition law works to ensure consumer welfare and healthy competition in market, while antidumping law is nothing but a trade remedy.
International Journal of Legal Science and Innovation, Volume 4, Issue 2, Page 146 - 156DOI: https://doij.org/10.10000/IJLSI.111444
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