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Research Paper Volume 6 Issue 1 1659 - 1667 February 21, 2023

A Critical Analysis of Anti-Dumping Law vis-a-vis Competition Law

Lead author · Corresponding
Maniratnam Bhati
Advocate at Bar Council of Delhi, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.114269
Abstract

Anti-dumping and competition laws are both crucial pieces of legislation for regulating the local market in general and the global market in particular. Although these laws have a common foundation, they yet differ in a number of ways. Anti-dumping legislation initially served to prevent dumping as well as to some extent to increase competitiveness. The scenario of "International Price Predation" served as the basis for it. But over time, the anti-dumping law's emphasis shifted and it began to care less and less about the competition. The market competition is now totally disregarded by the current anti-dumping statute, and predatory pricing is even less of a problem. Therefore, the primary area of disagreement between anti-dumping legislation and competition law is "Price Discrimination," which is entirely forbidden by anti-dumping law because it disregards market competition but only when it has a detrimental impact on trade and market competition. The competition rules and the anti-dumping laws frequently clash and intersect in different ways. Due to the distinct goals that both laws must achieve, they partially appear to be at odds with one another. While antidumping legislation is nothing more than a trade remedy, competition law seeks to protect consumer welfare and healthy competition in the market.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1659 - 1667
DOI: https://doij.org/10.10000/IJLMH.114269
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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