Anti-Dumping and Anti-Trust Issues in Free-trade Areas/

por MARCEAU, Gabrielle
[ Livros ] Publicado por : Clarendon Press, (Oxford, Inglaterra:) Detalhes físicos: 343 p. ISBN:0198259204. Ano: 1994 Tipo de Material: Livros
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Table of Cases
Table of International Legislation and Agreements
List of Abbreviations
A Note on the GATT 1994/WTO


1. Economic, Legal, and Strategic Considerations on Dumping Practices and Anti-Dumping Laws

1. Introduction
2. The Economics of Dumping
2.1. The Classic Definition Dumping: Ransnational Price Discrimination Practice
2.2. A Pragmatic Definition of Dumping: Ti.ansnational Sale Below Cost
3. Welfare Impacts of Dumping for the Importing and Exporting Countries
3.1. The Impact of Dumping in the Importing Country
3.2. The Impact of Dumping in the Exporting Country
4. Existing Tests Proposed to Domestic Courts to Identify Predatory Behaviour
4.1. Short-Run Cost-Based Rules
4.2. Long-Term Cost-Based Rules
4.3. Output Expansion Rules
4.4. Rules Governing Price Rises
4.5. The Rule-of-Reason Test
4,6. Tests Suggested by European Commentators
4.7. 'No-Tier' Rules
4.8. No Rule
4.9. Conclusion on Tests of Predation
5. International Predation
6. The Law on Dumping
6.1. The GATT and National Anti-Dumping Laws
6.2. What the GATT Authorizes
6.3. Circumstances Where a Response to Dumping is Permitted: Injury Caused to Domestic Industry
6.4. Anti-Dumping Duties
6.5. Conclusions on Anti-Dumping Laws
7. The Impact of Anti-Dumping Actions
8. Strategic, Political, and Social Considerations on Dumping
8.1. The Interface Theory
8.2. The Possibility of a Threat to Security and Proposals for Dealing with it
8.3. Industrial Policy and Social Considerations
9. Alternatives to the Use of Anti-Dumping Actions
10. Conclusions

2. The International Control of Business Practices other than Dumping

1. Introduction
2. Attempts by Various Organizations to Co-ordinate Actions against Restrictive Business Practices
2.1. The League of Nations
2.2. The International Labour Organization
2.3. The International Trade Organization
2.4. Attempts by the OEEC
2.5. Attempts by the ECOSOC
2.6. New Zealand's Proposal to Amend GATT Article VI
2.7. An Attempt by the Contracting Parties to the GATT, 1958-60
3. The Extraterritorial Application of National Laws on Restrictive Business Practices
3.1. The Position Taken by the US Authorities
3.2. The Position Taken by the Canadian Authorities
3.3. The Position Taken by the Mexican Authorities
3.4. The Position Taken by the European Authorities
3.5. Jurisdictional Defences and Exceptions to the Extraterritorial Reach of Anti-Trust and Competition Laws
3.6. Conclusions on the Issue of Extraterritoriality
4. Increased Collaboration and Co-operation
4.1. Recommendations of the Council of the OECD
4.2. Bilateral Arrangements for Co-operation in Competition Matters
4.3. OECD Declaration on Multinationals
4.4. The UNCTAD Code on Restrictive Business Practices
4.5. The ICC Code on Investment
4.6. Other Codes of Conduct
5. The Legal Value of these UNCTAD, OECD, and ICC Instruments
6. The European Proposal for Positive Comity
7. Conclusion and Proposals


3. Anti-Dumping Regulation Contravenes the Obligation of National Treatment of the GATT and the NAFTA

1. Introduction
2. The Obligations of Most-Favoured-Nation Treatment of the GAIT and the Right to Impose Discriminatory Anti-Dumping Measures
2.1. 'Treatment no Less Favourable than that Accorded to Like Products of National Origin'
3. Evidence of the Different Treatments in Standards between Anti-Dumping Laws, and Anti-Discrimination and Anti-Predation Laws
3.1. Comparison of 'Substantive' Standards of Anti-Dumping Regulation with those of Domestic Laws on Predation and Price Discrimination
3.2. Comparison between the 'Procedural' Elements of Anti-Dumping and Competition Laws
3.3. Conclusion
4. Differences between National Systems
4.1. Legal Cultures and Legal Traditions
4.2. Common Law vs. Civil Law
4.3. Different Schools of Thought in the USA
4.4. The European Conception of the Role of Competition
5. The Different Policy Objectives of Anti-Dumping and Anti-Trust Laws
5.1. Interest-Group Politics
6. Conclusion

4. Co-ordination of Anti-Dumping and Competition Considerations at the Domestic Level

1. Introduction
2. The Context for the Consideration of Competition Variables in Anti-Dumping Determinations and the work of the OECD
3. Pressures to Reduce Anti-Dumping Duties
3.1. The EEC System
3.2. The Canadian System
3.3. The US System
3.4. The Mexican System
4. Anti-Trust Liability in Anti-Dumping Actions
5. Trade Measures for Competition Purposes
6. Conclusion


5. Political, Economic, and Legal Aspects of Free-Trade Areas
1. Introduction
2. Definitions
3. Political Reasons for Regional Arrangements
4. The Political Impact of Regional Arrangements on International Relations
5. The Economics of Regional Integration
5.1. The Free-Trade Area, Customs Union, Common Market, Economic Union, and Political Union Compared
6. International Law on Free-Trade Areas
6.1. International Customary Law on Free-Trade Areas
6.2. Preparatory Work for the Havana Charter and the GATT 180 GATT Law on Free-Trade Areas
7.1. The Place of Article XXIV in the GATT
7.2. Article XXIV(4)
7.3. Article XXIV(5)
7.4. Article XXIV(7)
7.5. Article XXIV(8)(b)
7.6. Article XXIV(10)
8. Interpretation of the GATT Practice
9. Conclusion

6. Experiences of Other Free-Trade Areas in Dealing with Internal 'Dade Measures

1. Introduction
2. Provisions on Restrictive Business Practices (Competition)
Cotnained in Agreements of Free-Trade Areas
2.1. The European Free Rade Agreement, EFTA
2.2. The Free-Trade Agreements between the European Economic Community and the Member Countries of the European Free Trade Association
2.3. The European Economic Area, EEA
2.4. The So-Called Europe Agreements
2.5. The Australia-New Zealand Agreement for Closer Economic Relations
3. Provisions on Restrictive Business Practices in the Common Market of the EEC
3.1. The Functioning of the EEC Competition System Supplementing Anti-Dumping Actions
4. Conclusion


7. The Regulation of Restrictive Business Practices within the NAFFA

1. Introduction
2. Existing National Anti-Dumping Laws and their Similar Impact
2.1. Differences in the Determination of Injury
2.2, Differences in the Agencies Enforcing the Law
2.3. Legal Standing and Quasi-Judicial Process
2.4. Imposition of Duties
2.5. A Public Interest Clause
2.6. The Lesser Duty Principle
3. The NAFTA Binational Tribunal
3.1. Criteria for Judicial Review
4. New Provisions on Competition and Monopolies in the NAFTA
5. Proposals for Phasing Out Anti-Dumping Enforcement
6. Proposals for a System of Conflicts of Laws
6.1. The First Model: The Law of the Territory Where the Restrictive Business Take Place
6.2. The Second Model: Allocation of Jurisdiction Based on the Criterion of 33 per cent more of the Turnover of the Firms Concerned
7. Conclusion

8. Implementation of the Chosen Model for Regulation of Restrictive Business Practices within the NAFTA
1. Introduction
2. US, Canadian, and Mexican Domestic Legislation on Competition
2.1. Background and Policies of the Three Competition Laws
2.2. Standing, Procedure, Enforcement, Costs, and Delay
2.3. The Treatment of Price Discrimination
2.4. The Treatment of Predatory Pricing
2.5. Other Abusive Conduct by Firms with Market Power
2.6. Vertical Restraints
2.7. Horizontal Agreements
2.8. Joint Ventures and Mergers
2.9. Intellectual Property Rights
2.10. Conclusion on the Comparision of Domestic Laws
3. Application of the Models Proposed in Chapter 7
3.1. 'The Law of the Territory Where the Restrictive Practice Takes Place'
4. Amendments to Existing Competition and Anti-Trust Laws
5. Abolishing Export Cartels
6. Parallel Amendments to Anti-Dumping Laws
7. Proposals for a Transition Period
7.1. Regional or Product-by-Product Reduction of Duties
8. Conclusion


9. Parameters, Issues. and Comments on an International Code n Competition

1. Introduction
2. Attempts to Move towards an International Code on Competition
3. New Proposals
3.1. The GATT Trade Report Mechanism
3.2. The American Bar Association
3.3. European Positive Comity
3.4. The Continuous Work of UNCLAD, the World Bank, i and the OECD
3.5. The NAFTA Laboratory
3.6. US—Japan Structural Impediment Initiative, SlI
4. Fundamental Social Differences
4.1. Anti-Trust vs. Competition
4.2. Industrial Policies
5. An International Code on Competition: General Issues and Proposals
5.1. Should the Agreement be Binding?
5.2. Rule of Reason or per se
5.3. Dominance vs. Market Power
5.4. Practices which Would Constitute 'Abusive' Behaviour
5.5. A Single Infraction of Abuse of a Dominant Position
5.6. The Best Institution: GATT, MTO, UNCTAD, OECD, or a New Forum?
6. Proposed Alternatives to Introduce Competition Considerations into International Trade Litigation
6.1. Private Positive Comity
6.2. The Non-Violation Procedure of the GATT
6.3. An ICSID Type of Tribunal
6.4. A NAFTA Type of Tribunal
7. Domaine Reserve
8. Conclusion


1. How do Anti-Dumping and Anti-Trust Provisions Interact within a Free-Trade Area
2. Does the Law Require Anti-Dumping Measures within Free-Trade Areas to be Phased Out?
3. How Should Anti-Dumping Measures be Phased Out within the NAFTA
4. Should (Could) Anti-Dumping Measures be Phased Out Multilaterally in Favour of an International Code on Competition
5. Concluding Comments

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