The new anti-dumping methodology of the European Union : a breach of WTO-law? / by Christian Tietje and Vinzenz Sacher

Abstract

Following the expiry of Article 15(a)(ii) of China’s Accession Protocol to the WTO, the European Union faced the substantive challenge to rework its Basic Anti-Dumping Regulation. This paper seeks to provide an overview over the legislative process of the new Anti-Dumping methodology of the European Union and to analyse the new provisions on their consistency with WTO law. We hereby argue that the remaining parts of Article 15 of China’s Accession Protocol do not allow for the continuous application of the pre-existing EU approach and that also the new approach of the European Union is in violation of Articles 2.2.1.1 and 2.2 of the Anti-Dumping Agreement as well as Article VI:1(b)(ii) of the GATT, especially in the light of the recent Appellate Body decision in EU – Biodiesel.