The European Community’s Anti–dumping Regulation clearly stipulates the following possible solutions that could result from an anti–dumping investigation – termination of the investigation without the adoption of anti–dumping measures; imposition and collection of anti–dumping duties; and/or acceptance of undertakings. However in practice, over the years, the European Commission (‘Commission’) has complicated these three possible solutions to quite an extent. In different cases, the Commission can prudently and skillfully select a specific solution on the basis of the clearly stipulated anti–dumping law provisions, while balancing various conflicting interests. As a matter of fact, concerns of economic interests, though untraceable in the legal provisions, are yet hidden in each possible solution. Moreover, each solution entails a positive or negative legal and economic impact of a different degree.
Through this article I attempt to make a legal and economic analysis, on the basis of the anti–dumping law of the European Community (EC) and its actual practice, of all the possible solutions that can result from an anti–dumping investigation. The aim of this study is to serve as a source of guidance and reference for understanding and dealing with the anti–dumping proceedings conducted by the Commission.Global Trade and Customs Journal