Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 9 of 9
Full-Text Articles in Law
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits
Michigan Law Review
A Review of The Antitrust Paradox: A Policy at War with Itself by Robert H. Bork
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Michigan Journal of International Law
This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
Michigan Journal of International Law
When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …
The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith
The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith
Michigan Journal of International Law
When the Antidumping Act of 1921 was enacted, the mechanics of its application to products of state-controlled economies (hereinafter SCES) understandably was not treated. There was only one state-controlled economy in existence in 1921, and its trade with the United States was relatively insignificant. Recently, however, trade with SCEs has been increasing, and continued growth is likely. United States imports from SCEs in 1977 increased to $1,686 million from a volume of $50 million in 1951. This larger volume of trade necessitates a reassessment of the way in which the problems of interaction with these completely different economies are handled.
The Failing Company Doctrine Since General Dynamics: More Than Excess Baggage, Irene R. Diamant
The Failing Company Doctrine Since General Dynamics: More Than Excess Baggage, Irene R. Diamant
Fordham Law Review
No abstract provided.
A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek
A Proposed Rule Of Reason Analysis For Restrictions On Distribution, B.J. Douek
Fordham Law Review
No abstract provided.
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Michigan Journal of International Law
It is the thesis of this article that the remedies for the import problem-- quotas, orderly marketing agreements, trigger price systems, and the like-do not provide adequate mechanisms for insuring acceptable industry performance or protecting the public interest. Instead of compelling--or even promoting-the kind of structural and behavioral changes which are imperative if an industry is to overcome its competitive infirmities, these protectionist devices, more often than not, are likely to have precisely the opposite effect, i.e., perpetuate the very infirmities that caused the industry's plight to begin with. In short, an ailing organism is not prepared for the …
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
The Antidumping Law: Repeal It Or Revise It, John J. Barceló Iii
Michigan Journal of International Law
This Article concentrates only on American antidumping, safeguard, and antitrust laws. The analysis, however, should have general application to any country in the western trading world. All such countries have antidumping and safeguard provisions patterned along the general guidelines in Articles VI and XIX of the General Agreement on Tariffs and Trade (GAIT). Any country which does not provide protection against predatory pricing through a general antitrust law might resort to a revised antidumping law aimed only at predatory dumping.
The Antidumping Act: Proposals For Change, Noel Hemmendinger
The Antidumping Act: Proposals For Change, Noel Hemmendinger
Michigan Journal of International Law
The Antidumping Act is in great trouble. Most of its troubles flow from a basic misconception about the role of an antidumping proceeding. A dumping case is sometimes looked on as analogous to private party litigation in which domestic producers seek to vindicate "rights" being injured by foreign exporters. In another view, it is sometimes regarded as analogous to a criminal proceeding in which the United States condemns and punishes certain methods of foreign price competition as "unfair." In my view, it is preferable to look at an antidumping proceeding as a method of resolving a conflict in the execution …