The European Union's Trade Defence Modernisation Package: A Missed Opportunity at Reconciling Trade and Competition?

Anti-dumping and anti-subsidy measures are essential EU trade defense instruments, but their use should be limited to ensuring fairness in competition. The Trade Defense Modernization Package has expanded the scope of these measures, distorting competition in favor of the EU industry. The reformed rules also fail to integrate social and environmental aspects adequately and may not be compatible with WTO law.

Format: Paperback / softback
Length: 332 pages
Publication date: 06 January 2023
Publisher: Springer Nature Switzerland AG

The European Union's trade defense instruments are primarily centered around anti-dumping and anti-subsidy measures, which are considered to be the most crucial components. These measures have been in use since the early stages of European integration to address trade practices that are deemed unfair and their detrimental impact on competition within the internal market. While the primary objective of implementing trade defense measures is to level the playing field between EU producers and their foreign competitors, it is important to acknowledge that these measures can also have negative consequences on competition itself.

In the context of European integration, competition and trade defense policy have played pivotal roles. This book contends that the trade defense instruments of the European Union should not be solely designed or implemented with the aim of providing maximum protection to EU producers. Instead, their usage should be restricted to what is necessary to ensure fair 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 through the Trade Defense Modernization Package reveals that several aspects of the modernized trade defense instruments do not align with this requirement. Rather than solely focusing on countering the unfair competitive advantages of producers engaging in dumping or benefiting from subsidies, the reformed provisions extend beyond this, favoring the EU industry instead. Furthermore, the book critically evaluates the reformed rules regarding the integration of social and environmental considerations in the imposition of anti-dumping or anti-subsidy measures, as well as the compatibility of the modernized basic regulations with WTO law.

In conclusion, anti-dumping and anti-subsidy measures are essential components of the European Union's trade defense instruments. While their primary objective is to protect EU producers and ensure fair competition, it is crucial to examine the potential negative effects of these measures on competition itself. The reformed provisions of the European Union's trade defense instruments should be limited to addressing unfair competitive advantages and should not distort competition in favor of the EU industry. Additionally, the integration of social and environmental considerations should be approached in a manner that aligns with the principles of fair competition and WTO law.

Weight: 534g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030913656
Edition number: 1st ed. 2022