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Cumulation and Anti‐dumping: A Challenge to Competition

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  • Thomas J. Prusa

Abstract

Competition policy emerged as an important area of interest during the later stages of Uruguay Round negotiations. The task of establishing competition policy is complicated by the fact that there already are trade statutes---antidumping, countervailing duty, safeguard actions---that relate to issues of competition. Interestingly, the existing trade statutes often seemed designed to reduce the effect of foreign competition on domestic producers. The tension between the existing trade statutes and competition policy is most probably most clearly evidenced by antidumping law, the most widely used trade statute. In this paper I will concentrate on how one specific amendment, the cumulation provision, clearly makes AD an anti-competitive law and exemplifies the challenges that face those policy-makers who hope to move toward to an economically justified competition policy. Evidence will show that cumulation has led to more multiple petition filings and to smaller competitors being named. I will also argue that cumulation has changed the outcome (from negative to affirmative) in dozens, and possibly hundreds, of cases. Given all of these effects, cumulation should be viewed as a significant obstacle to those interested in assimilating AD law into the broader notion of competition policy.
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Suggested Citation

  • Thomas J. Prusa, 1998. "Cumulation and Anti‐dumping: A Challenge to Competition," The World Economy, Wiley Blackwell, vol. 21(8), pages 1021-1033, November.
  • Handle: RePEc:bla:worlde:v:21:y:1998:i:8:p:1021-1033
    DOI: 10.1111/1467-9701.00179
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    1. Thomas J. Prusa, 2021. "Why are so many antidumping petitions withdrawn?," World Scientific Book Chapters, in: Thomas J Prusa (ed.), Economic Effects of Antidumping, chapter 2, pages 1-20, World Scientific Publishing Co. Pte. Ltd..
    2. Wendy L Hansen & Thomas J Prusa, 2021. "Cumulation and ITC decision-making: The sum of the parts is greater than the whole," World Scientific Book Chapters, in: Thomas J Prusa (ed.), Economic Effects of Antidumping, chapter 9, pages 171-194, World Scientific Publishing Co. Pte. Ltd..
    3. Finger, J. Michael & Murray, Tracy, 1990. "Policing unfair imports : the U.S. example," Policy Research Working Paper Series 401, The World Bank.
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    Cited by:

    1. Arvind Panagariya & Poonam Gupta, 2003. "Injury Investigations in Anti-dumping and the Super-Additivity," International Trade 0308008, University Library of Munich, Germany.
    2. Malhotra Nisha & Rus Horatiu & Kassam Shinan, 2008. "Antidumping Duties in the Agriculture Sector: Trade Restricting or Trade Deflecting?," Global Economy Journal, De Gruyter, vol. 8(2), pages 1-19, June.
    3. Inge Nora Neufeld, 2001. "Anti-Dumping And Countervailing Procedures –Use Or Abuse?Implications For Developing Countries," UNCTAD Blue Series Papers 9, United Nations Conference on Trade and Development.
    4. Poonam Gupta & Arvind Panagariya, 2006. "Injury Investigations in Antidumping and the Super-Additivity Effect: A Theoretical Explanation," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 142(1), pages 151-164, April.

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    JEL classification:

    • F1 - International Economics - - Trade

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