predatory dumping

Governments have to report each phase of a safeguard investigation and related decision-making, and the committee reviews these reports. Take your learning and productivity to the next level with our Premium Templates. If found guilty, the exporter can agree to sell at a minimum price, and duties can be imposed if the EU rejects the price offered by the exporter.

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Although it may not be technically illegal, it can be subject to severe restrictions. It also introduces the concept of a “specific” subsidy
— i.e. a subsidy available only to an enterprise, industry, group of enterprises, or group of industries in the country (or state, etc) that gives the subsidy. The disciplines set out in the agreement only apply to specific subsidies. Detailed procedures are set out on how anti-dumping cases are to be initiated, how the investigations are to be conducted, and the conditions for ensuring that all interested parties are given an opportunity to present evidence. Anti-dumping measures must expire five years after the date of imposition, unless an investigation shows that ending the measure would lead to injury. They also need to show that the dumped price is much lower than the exporter’s domestic price.

What Is Predatory Dumping?

The disputing country should also determine the normal price before the anti-dumping tariff is in place. Reverse dumping happens when the demand for the product in the foreign market is less elastic. Therefore, the company can charge a higher price in the foreign market and a lower price in the local market. Section 78(1)(i)[48] of the Competition Act prohibits companies from the selling of products at unreasonably low prices designed to facilitate the effect of eliminating competition or a competitor.

  • Consumers are harmed only if below-cost pricing allows a dominant competitor to knock its rivals out of the market and then raise prices to above-market levels for a substantial time.
  • Sections 19 and 20 of the Act against Restraints of Competition (ARC) prohibit the abuse of a dominant position.
  • Countries were allowed to keep one of these measures an extra year (until the end of 1999), but only the European Union
    — for restrictions on imports of cars from Japan — made use of this provision.
  • If a member country accuses a trading partner of dumping, the EC needs to find that dumping has caused material harm to the complainant.
  • With such a broad understanding of law, she has been able to better assist every client with her variety of activities.
  • Businesses with dominant or substantial market shares are more susceptible to antitrust claims.

In this lesson, learn about dumping in economics and find dumping examples. See the positive and negative effects of dumping and understand how to prevent dumping. The WTO’s Safeguards Committee oversees the operation of the agreement and is responsible for the surveillance of members’ commitments.

Different types of dumping with example

The area of expertise is corporate, banking, commercial and transactional practice. Aleena is advising and providing legal services to the clients of her law firm and represents her law firm in all sorts of commercial, corporate and banking matters. Ms. Waheed has an ability and extensive experience of drafting more complex documents like persuasive briefs and motions that require comprehension of complicated fact patterns, analysis of numerous legal issues or questions of law and review of voluminous transcripts and records. With such a broad understanding of law, she has been able to better assist every client with her variety of activities. Before imposing the duties, the EC must find that the dumping has caused material harm to the local market.

Sections 19 and 20 of the Act against Restraints of Competition (ARC) prohibit the abuse of a dominant position. Section 19 lists in more detail the entities with market power addressed by the Act. Article 102 of the Treaty on the Functioning of the European Union also applies, although it has some differences with the ARC. Predatory pricing is based on cost, while dumping is based on the price applicable to the normal trading of similar domestic products. The principal aspect of predatory pricing is that the seller in the market has a certain economic or technical strength which distinguishes it from price discrimination, where competition exists amongst both buyers and sellers.

Mahnoor competently represent the firm’s client in the court of law and prepare the case briefs successfully. The World Trade Organization (WTO) and the European Union (EU) continuously take measures to discourage countries from dumping by imposing tariffs and taxes. Predatory pricing applies to domestic trade, while dumping applies to international trade. Ms. Aleena Waheed Hashmi obtained her graduation in Law from Punjab University Law College, Lahore and later pursued her Masters in Social Work.

Learn how the FTC protects free enterprise and consumers

Recent years have seen the widespread use of anti-dumping (AD) measures by World Trade Organisation (WTO) members. But the most striking development in this field is the swift proliferation of the users of such measures. By the late 1990s, the exclusiveness of the club of traditional AD users had become an anachronism. The developing countries are now initiating about half of the total number of AD cases.

predatory dumping

As foreseen by Messerlin and Reed (1995) the realisation is beginning to dawn on the traditional users of AD measures that contingent protection is a game that any WTO member can play. This new development has given greater weight to the traditional concern that AD practice is a form of backdoor protectionism, which is eroding the hard-won gains of multilateral trade liberalisation. It prohibits “grey-area” measures, and it sets time limits (a “sunset clause”) on all safeguard actions.

In 2016, the United States imposed tariffs on steel imports from China, citing unfair trade practices. The European Union and other countries have also imposed similar tariffs in an attempt to protect their own steel industries. An import “surge” justifying safeguard action can be a real increase in imports (an
absolute increase); or it can be an increase in the imports’ share of a shrinking market, even if the import quantity has not increased
(relative increase).


Predatory dumping is done to gain access to the foreign market and eliminate competition. The objective performance of predatory pricing is that a company temporarily sells goods or services below cost to eliminate competitors from a certain market and create exclusivity. The predatory pricing company can then sell goods and services at monopoly prices to compensate the losses from initial low price sales. China, which is the world’s largest steel producer, has been accused of selling steel in other countries at prices that are below the cost of production. This has led to a global oversupply of steel, making it difficult for steel producers in other countries to compete.

The critical difference between predatory pricing and other market strategies is the potential for consumer harm in the long-term. Predatory pricing practices may result in antitrust claims of monopolization or attempts to monopolize. Businesses with dominant or substantial market shares are more susceptible to antitrust claims. However, as antitrust laws are ultimately intended to benefit consumers, and discounting results in at least short-term net benefit to consumers, the U.S.

In the end, the cartel could not keep up with selling below cost and had to surrender in the price war. This was used as evidence that the free market is a better way to stop predatory pricing than regulations such as anti-trust laws. Anti-dumping measures are not considered protectionism, as predatory dumping is not a fair trade practice. The WTO rules are designed to help ensure that any anti-dumping measures that countries take are justifiable and are not simply used as a guise to protecting local businesses and jobs from foreign competition.

predatory dumping

Supreme Court has set high hurdles to antitrust claims based on predatory pricing theory. Additionally, the Court established that for prices to be predatory, they must be below the seller’s cost. Predatory dumping is a practice where foreign companies sell products in a country at prices lower than the cost of production, with the goal of driving domestic companies out of business. This can lead to a monopolistic market, which means the foreign company can later raise the prices of the same products, taking advantage of its monopoly position. While the practice may seem like a good deal for consumers in the short term, it can be very harmful to businesses and the economy in the long term.

When this cannot be used, two alternatives are available
— the price charged by the exporter in another country, or a calculation based on the combination of the exporter’s production costs, other expenses and normal profit margins. And the agreement also specifies how a fair comparison can be made between the export price and what would be a normal price. Actions taken against dumping (selling at an unfairly low price)
subsidies and special “countervailing” duties to offset the subsidies
emergency measures to limit imports temporarily, designed to “safeguard” domestic industries. The Federal Trade Commission has not successfully prosecuted any company for predatory pricing since.

predatory dumping

It was alleged that these firms were selling televisions in the U.S. below their marginal costs and then recouping these losses by selling the same products in Japan at twice the price. Zenith filed for Chapter 11 bankruptcy in 1999 and was bought out by Korean company LG Electronics. However, they only protect domestic producers and not the innocent exporters that also get punished by a fellow foreign firm artificially lowering prices. Once domestic producers and any other players in the market are eventually driven out of business, the foreign company should achieve monopoly status, enabling it to raise prices as it sees fit. Industries or companies may request safeguard action by their government.

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The agreement sets out criteria for assessing whether “serious injury” is being caused or threatened, and the factors which must be considered in determining the impact of imports on the domestic industry. When imposed, a safeguard measure should be applied only to the extent necessary to prevent or remedy serious injury and to help the industry concerned to adjust. Subsidies may play an important role in developing countries and in the transformation of centrally-planned economies to market economies. Least-developed countries and developing countries with less than $1,000 per capita GNP are exempted from disciplines on prohibited export subsidies.

The WTO agreement sets out requirements for safeguard investigations by national authorities. The emphasis is on transparency and on following established rules and practices
— avoiding arbitrary methods. The authorities conducting investigations have to announce publicly when hearings are to take place and provide other appropriate means for interested parties to present evidence.

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