Advocate at Bar Council of Delhi, India
Anti-dumping and competition laws are both crucial pieces of legislation for regulating the local market in general and the global market in particular. Although these laws have a common foundation, they yet differ in a number of ways. Anti-dumping legislation initially served to prevent dumping as well as to some extent to increase competitiveness. The scenario of "International Price Predation" served as the basis for it. But over time, the anti-dumping law's emphasis shifted and it began to care less and less about the competition. The market competition is now totally disregarded by the current anti-dumping statute, and predatory pricing is even less of a problem. Therefore, the primary area of disagreement between anti-dumping legislation and competition law is "Price Discrimination," which is entirely forbidden by anti-dumping law because it disregards market competition but only when it has a detrimental impact on trade and market competition. The competition rules and the anti-dumping laws frequently clash and intersect in different ways. Due to the distinct goals that both laws must achieve, they partially appear to be at odds with one another. While antidumping legislation is nothing more than a trade remedy, competition law seeks to protect consumer welfare and healthy competition in the market.
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1659 - 1667DOI: https://doij.org/10.10000/IJLMH.114269
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