INTERNATIONAL ANTI-DUMPING LAWS AND COMPETITION: MAPPING THE WAY FORWARD IN INDIA

Abstract

Dumping occurs when the goods exported by one country are at a price that is generally less than the usual selling price of that product. Anti-dumping measures were introduced into the International Trade regime to safeguard and protect the market from the wrath of such cheap international practices. In India, it is enforced via the rule embodied in 9A of Customs Tariff Act of 1975. The competition law regime also aims to protect the market from such unfair practices of trade. Competition laws evolved, while anti-dumping laws were confined within the shackles of the WTO regime. Despite budding from the same family tree, the two regimes diverge widely in practice. Contrary to competition law which aims at promoting consumer welfare and competition, antidumping laws have become a protectionist tool in the hands of the countries, used for protecting domestic producers. This paper attempts to discuss this area of conflict between anti-dumping laws and competition laws and attempts to identify the issues around the existence and implementation of anti-dumping measures. It advocates for replacing antidumping laws with International Competition Laws focused on ensuring healthy competition and consumer welfare.