ANTI-DUMPING, ANTI-TRUST AND PUBLIC INTEREST

“Could Anti-Trust Replace Anti-Dumping Laws”

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Table of Contents

Summary3

Methodology5

Sample6

Sampling Method6

Literature Search6

Literature Review7

Conclusion9

References11

“Could Anti-Trust Replace Anti-Dumping Laws”

Summary

The political and economic environment of international trade significantly differs from the environment of purely domestic trade. In addition to the risks of political instability, international traders must cope with fluctuations in the relative values of the currencies in which their goods are traded and with changing foreign economic regulations. Because international trade occurs against a backdrop of tariffs and other trade barriers, the central rules governing domestic marketplace behavior apply in a less structured manner. Finally, many national governments attempt to protect their domestic producers to sell in their home markets or to confer advantages upon them in their export trade. Within the western countries, antitrust law provides a set of ground rules the stated goal of which is to advance consumer welfare, a goal that many commentators equate with the furtherance of productive and allocate efficiency.' While many foreign nations also have antitrust laws, those laws are generally less oriented towards increasing efficiency.

The Western state regulates international trade in part through its antitrust laws, but also through a variety of other laws, most importantly anti dumping and countervailing duty laws. Although, it has been claimed that, those laws at practices it perceived as unfair, those laws are widely understood as embodying objectives inconsistent with the efficiency goals of the antitrust laws. Moreover, the standards employed to evaluate marketplace behavior under the trade laws differ significantly from the standards used to administer the antitrust laws. These conflicting sets of laws provide the western states with a schizophrenic approach to economic policy. Thus, reforming the trade laws to bring them into conformity with the efficiency policies underlying the antitrust laws is highly desirable.

This research papers addresses unfair and anti competitive practices which occur in, international trade. It draws heavily from the antitrust laws and the free-trade policies to which the western states have committed itself through its adherence to the General Agreement on Tariffs and Trade (GATT). First, the article reviews the historical concerns underlying the enactment of anti dumping legislation. Second, it addresses the immense role that scholarship and judicial interpretation have played in construing legislation governing the similar problem of domestic price discrimination. As a result, of legal scholarship and judicial decision- making sensitive to both the historical concerns of the enacting Congress and the teachings of economics, the courts have radically revised the prevailing construction of section two of the Clayton Antitrust Act of 19145 (Clayton Act) in its application to domestic price discrimination with "primary-line"' effects. As recently re-construed, this aspect of the Clayton Act is fully consistent with the Sherman Antitrust Act (Sherman Act).

Antitrust laws were introduced, to the United States of America, to protect the legitimate economic competition, it prevents agreements between businesses is being held to determine the price of goods or services. These laws also prohibit the negotiations that take place between the companies, under which control the price of the product, or keep ...