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The European Union's trade defence modernisation package : a missed opportunity at reconciling trade and competition?Trapp, Patricia"Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used ... to combat trade practices which are considered 'unfair' and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations' compatibility with WTO law"--Back coverType of material - book ; adult, seriousPublication and manufacture - Cham (Switzerland) : Springer Nature, 2022Language - englishISBN - 978-3-030-91365-6; 978-3-030-91362-5COBISS.SI-ID - 195177475
Author
Trapp, Patricia
Topics
Dumping (International trade) |
Law and legislation |
European Union countries |
Antidumping duties |
Law and legislation |
European Union countries |
Foreign trade regulation |
European Union countries |
Trade regulation |
European Union countries |
Competition, Unfair |
European Union countries |
Antitrust law |
European Union countries |
Commerce international |
Réglementation |
Pays de l'Union européenne |
Commerce |
Réglementation |
Pays de l'Union européenne |
Antidumping duties |
Law and legislation |
Antitrust law |
Competition, Unfair |
Dumping (International trade) |
Law and legislation |
Foreign trade regulation |
Trade regulation |
Konkurenčno pravo |
Trgi (ekonomija) |
Mednarodna trgovina |
Mednarodno gospodarsko pravo |
Nelojalna konkurenca |
European Union countries |
Države Evropske unije |
protimonopolni ukrepi |
protidampinški ukrepi |
varstvo konkurence
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Faculty of Law, Ljubljana | Ljubljana | PRFLJ |
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Trapp, Patricia | ![]() |
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