Anti-dumping Action and Competition Law in the European Union

European Union law addresses pricing practices of undertakings through antitrust provisions and an anti-dumping legislation. These two sets of regulations differ in many respects. They pursue different aims: protection of the interest of some European competitors versus promotion of free competition for the benefit of consumers. However, they both hept to ensure fair competition (i.e. promotion of a level playing field). They address different pricing practices: the markets concerned are differently defined (concerned product exported from one third country and similar product produced by the Union industry versus relevant product and geographic markets) and the characteristics of the undertakings concerned are also different (no sort of agreement between undertakings and no minimum market power required in anti-dumping law); price discrimination dumping in not equivalent to any anti-competitive price discrimination and below cost dumping is not equivalent to predatory pricing or to any other low anti-competitive price. Notwithstanding their differences, both sets of regulations have to coexist peacefully. Yet, opportunities of protectionist biases in the determination of injurious dumping are still numerous in the anti-dumping legislation and Commission's practice. Moreover, the enforcement of the anti -dumping legislation may negatively affect competition in the internal market through the impact of the anti -dumping proceedings and measures and the anti-competitive effects of some undertakings' behaviors within the ambit of, or surrounding the anti-dumping proceedings. Such harmful effects on competition of the anti -dumping action are already reduced by provisions such as the lesser duty rule and the public interest clause (Union interest), but could and should be further reduced.