MJIEL Vol 5 Issue 3 2008 - Article 2

Abstract: The conflict of values promoted by trade policy and law and competition policy and law has stimulated discourse on the interface between both regimes particularly in the EC context especially. The promotion of open competition is one of the objectives of the EC and there are specific competition provisions in the EC treaty, where the anti-dumping regime has its own space at the same time. Attempts have been made to rekindle the prevalence of EC competition policy over other policies including anti-dumping policy so much so that the latter should be implemented in a way which prevents the lessening of competition. However what has been found in this paper is that the primacy of competition policy over trade and other economic policies is only limited to the internal market. Beyond the internal market, the primacy only has a political character. But the paper also finds that despite such limitation, new grounds were broken in case law like Extramet and EC anti-dumping decisions like Calcium Metal in the sense that anti-dumping decisions are recommended not to encourage anti-competitive practices. However the prevailing attitude of both the EC courts and anti-dumping authorities still reflect the diverging nature of EC competition and anti-dumping policies. This is so even though there are certain substantive and procedural aspects of the EC anti-dumping regime which allow at least the inclusion of competition concerns and participation of the EC competition authority.

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