“Non-market” dumping: new antidumping regulation of the European Union

Abstract

The article addresses the recent amendments to the European Union legislation in the field of protection against dumped and subsidised imports. Such amendments entered into force in December 2017 and are aimed at strengthening the powers of the European Commission to introduce measures against goods from countries with high level of state participation in the economy. The article specifically touches upon the new procedures for calculation of the normal value of goods, which take into account significant market distortions of production costs. This new approach may substantially worsen the positions of manufactures from certain WTO member states who export their goods to the EU, and cause a new wave of disputes concerning compatibility of the new EU antidumping rules with the WTO norms and principles.