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Asia And Global Competition Law Convergence, David J. Gerber
Asia And Global Competition Law Convergence, David J. Gerber
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No abstract provided.
Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, Sungjoon Cho
Anticompetitive Trade Remedies: How Antidumping Measures Obstruct Market Competition, Sungjoon Cho
All Faculty Scholarship
Through trade policies such as antidumping remedies, the United States government often protects domestic producers at the expense of market competition. Yet a judicially created antitrust immunity, the Noerr-Pennington doctrine, obstructs the Federal Trade Commission’s antitrust investigations of these trade remedies. This Article argues that judicial and administrative interventions are needed to restore antitrust oversight when implementing trade remedies. This Article does not propose a repealing of the current antidumping statue, an act that would be politically infeasible in the current protectionist atmosphere of Congress. Instead, it takes a more modest yet realistic stance: antidumping remedies must be sanitized by …