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The European Union’s Trade Defence Modernisation Package

A Missed Opportunity at Reconciling Trade and Competition?

  • Book
  • © 2022

Overview

Authors:
  1. Patricia Trapp

    1. Düsseldorf, Germany

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  • Provides an in-depth analysis of the EU's Trade Defence Modernisation Package
  • Analayses the EU Commission's practice under the reformed basic regulations
  • Includes discussions on the subject of environmental and social protection via trade policy measures

Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 23)

Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xvi
    Download chapter PDF

  2. Introduction

    • Patricia Trapp
    Pages 1-11

  3. Competition and Commercial Policy in the European Treaties

    • Patricia Trapp
    Pages 13-35

  4. The Legal Framework Governing EU Competition and Trade Defence Law

    • Patricia Trapp
    Pages 37-68

  5. The Objectives of EU Competition Law and Trade Defence Law

    • Patricia Trapp
    Pages 69-104

  6. Terminological Overlaps and Conceptual Differences in the Concepts Used in EU Competition and Trade Defence Law

    • Patricia Trapp
    Pages 105-133

  7. The Impact of the Trade Defence Modernisation Package on the Relationship Between the EU’s Trade Defence Instruments and Competition: Anti-competitive Effects of Trade Defence Proceedings

    • Patricia Trapp
    Pages 135-169

  8. The Impact of the Trade Defence Modernisation Package on the Relationship Between the EU’s Trade Defence Instruments and Competition: Identifying the Protectionist Bias

    • Patricia Trapp
    Pages 171-252

  9. The EU’s Modernised Trade Defence Instruments: Promoting Sustainable Development in the EU’s Trade Relations?

    • Patricia Trapp
    Pages 253-274

  10. Compatibility of the Reformed Basic Regulations with WTO Law

    • Patricia Trapp
    Pages 275-294

  11. Conclusions

    • Patricia Trapp
    Pages 295-301

  12. Back Matter

    Pages 303-332
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Keywords

About this book

Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself.

Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers.

However, an analysis of the changesmade to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.

Authors and Affiliations

  • Düsseldorf, Germany

    Patricia Trapp

About the author

Patricia Trapp studied law at the University of Passau, where she specialized in EU law. During her studies, she was awarded scholarships both by the Max Weber Program of the State of Bavaria and the German Academic Scholarship Foundation. For two years, she was a research assistant to Prof. Dr. Christoph Herrmann, LL.M. (London), who holds the Chair for Constitutional, Administrative, European, European and International Economic Law at the University of Passau. As part of her doctoral studies, which were also funded by the German Academic Scholarship Foundation, she spent two months working in the cabinet of the United Kingdom's judge at the EU General Court in Luxemburg, Sir Ian Forrester. Patricia has published articles in a number of journals and has presented at conferences on aspects of EU competition and trade law. 

Bibliographic Information

  • Book Title: The European Union’s Trade Defence Modernisation Package

  • Book Subtitle: A Missed Opportunity at Reconciling Trade and Competition?

  • Authors: Patricia Trapp

  • Series Title: European Yearbook of International Economic Law

  • DOI: https://doi.org/10.1007/978-3-030-91363-2

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-030-91362-5Published: 05 January 2022

  • Softcover ISBN: 978-3-030-91365-6Published: 06 January 2023

  • eBook ISBN: 978-3-030-91363-2Published: 03 January 2022

  • Series ISSN: 2364-8392

  • Series E-ISSN: 2364-8406

  • Edition Number: 1

  • Number of Pages: XVI, 332

  • Topics: International Economic Law, Trade Law, European Economic Law, European Law

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