On The Relationship Between Antidumping Law And Competition Law

Nowadays there are many researches on the Anti-dumping Law and Competition Law respectively, but research on their relationship is rare. The existing anti-dumping laws researches only criticize it by gazing its differences form the competition law, and neglect their commonness. In the study of competition law, even in the field of competition law international coordination, they also seldom mentioned the relationship between the two laws. We should combine the two separated aspects of the Anti-dumping law reformation and competition law international coordination together to study their relationship. In doing so, we can get new ideas to grasp the essence of their relationship, so as to resolve the conflicts between the two laws. The Anti-dumping law and competition law have both commonness and dissimilarities. The former reflects in their common value,overlaps of their regulation objects and the complementarities of their function and scope. The later reflects in the conflicts of their value-selection,specific stipulations and actual effects. If the common of their value and the overlaps of their regulation objects mean the possibility of their coordination, then, the mutually complementary relationship implies the need of their coordination. The reformation of the Anti-dumping law according to the standards of competition law and absorption of the Anti-dumping rules in the process of the competition law international coordination are the two methods to resolve the conflicts between the two laws. Today trade protectionism is still prevailing, although we can't totally abolish the Anti-dumping law, we can gradually improve it according to the standards of competition law. But this is not a measure to get at the root of the problem. To solve the problem completely, we need to use the method of competition law international coordination, which is the ultimate way to solve the problem. The research on the relationship between the two laws will help us forecast the development trend of Anti-dumping law, and provide us with new theory to solve their conflicts. It can also provide guiding ideology and theoretical basis for the position our country should hold and the proposition our country should present in the future negotiations relating to the issues of competition policy coordination and Anti-dumping law reformation in the WTO framework.