Abstract (eng)
The growth of world trade sometimes can result in anti-competitive behavior between countries. In a such situation, countries need to apply trade defence instruments in order to establish fair trading conditions. The EU also uses such instruments for the protection of Union industry. As an important part of EU trade defence policy, anti-dumping measures are applied in order to prevent the situation of “dumping”.
In this thesis, I will discuss the anti-dumping measure as an EU trade defence instrument in a theoretical and practical context . My main purpose is to give general information about anti- dumping system under the EU law and also to focus on concrete cases in order to see how anti- dumping measures are imposed in practice.
In the first chapter of thesis, I will firstly cover the main issues concerning the EU anti- dumping system, including general concepts, determination of dumping, calculation of injury, Union interest, steps of EU anti-dumping procedure, provisional and definitive measures as an outcome of investigation and circumvention rules in order to make an overview of EU anti- dumping rules.
In the second chapter, I am going to analyze two anti-dumping cases against China in order to realize how anti-dumping rules are applied in concrete cases and what kind of questions can occur regarding the non-market economy status of China and the nature of the anti-dumping measures.
Through the thesis, it can be found that although EU anti-dumping rules comply with international obligations, notions of “ Union interest” and “ lesser duty rule” are special features of EU anti-dumping system. It is clear that China is by far the most targeted country of EU anti- dumping investigations. Although China claims that AD measures against that country are discriminatory and serve for protectionism purposes, transparency and scrutiny during AD investigations prove that the objective of such measures is elimination of unfair trade practices. On the other hand, basing on the distortions in the governance of Chinese economy, it can be confirmed that application of non-market-economy rules to the China is not discriminatory and has justification.