The Unsettled Business: Should Antidumping Laws be Replaced by Competition (Antitrust) Law under Free Trade
AbstractSome academics conclude that antidumping laws are no longer necessary in the era of the North American Free Trade Agreement and can be replaced by competition (antitrust) laws. However, the author argues that Canada and the United States have not achieved the degree of free trade necessary to eliminate the need for antidumping law. The article begins by providing an in depth analysis of the operation of the North American Free Trade Agreement (NAFTA), the Free Trade Agreement (FTA) and the General Agreement of Tariffs and Trade (GATT) before examining the Canadian and American approaches to antidumping law. Then, using the writings and concepts of Jacob Viner, the author demonstrates that non-predatory, intermittent dumping may continue to occur under the NAFTA, thus necessitating the maintenance of antidumping law in a modified form. The author also submits that existing bodies of competition law could not fill the void created by a repeal of the antidumping laws, primarily because of the fundamental differences which exist between Canadian and American approaches to antitrust law. In order to do so, a significant amount of American material is also examined.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.