Researching On Coordination Of Anti-dumping Law And Competition Law In Regional Trade Agreements

From the perspective of history, there are natural relations between anti-dumping law and competition law. As an extension of competition law, anti-dumping law was mainly aimed at predatory dumping at the beginning. However, after the anti-dumping law was established, it was gradually separated from the competition law. Its scope was expanded, the trade protection function has been strengthened, and it gradually became the tool of trade protection, and the abuse of anti-dumping law hinders the development of competition and trade liberalization. At first, based on the research of the anti-dumping law and competition law relationship, the paper finds that the predatory dumping and predatory pricing are overlapping, and the competition law has more advantages than the anti-dumping law. In recent years, with the expansion and development of the global economy, regional trade agreements has increased year by year. But retaining the anti-dumping measures in the regional trade agreements appears to have violated the objectives of trade liberalization, and the Article XXIV of the GATT1994 is also very vague. Therefore, the coordination of anti dumping law and competition law has important theoretical significance and realistic background.Next, by analysis the legitimacy of anti-dumping in the regional trade agreements, we can conclude anti-dumping measures in the regional trade agreements are allowed. Then, it analyzes the advantages and disadvantages of anti-dumping law. The advantages of anti-dumping law is a role of the "safety valve", which serves as the protection of domestic industries and the trade deficit. However, economists believe that the only rationality of anti dumping law depends on predatory dumping. But its conditions are complex and harsh, it can’t exist in reality, and the anti competitive effects may hinder the development of competition and trade liberalization. Because of the competition has many advantages than the anti-dumping, as well as the anti-dumping law in regional trade agreements hinders the process of regional economic integration. Scholars have put forward two kinds of schemes about the coordination of anti-dumping law and competition law in regional trade agreements in theory, the one is the use of competition law to completely replace the anti-dumping law, the other one is the improvement of anti-dumping law in competition principle, the two methods have their advantages and disadvantages,In this paper, two kinds of schemes can be combined, establishing a comprehensive path. In addition to the European and a few other regional trade agreements in practice, the other regional agreements are more or less retained the anti dumping law. Coordination of the anti-dumping law and competition law is mainly determined by the depth of the regional integration, the competition law in tradition and other related factors.Finally, the paper analyzes the present situation of our country, the regional trade agreements in our country are still in the shallow integration phase, the anti-dumping rules in the regional trade agreements mostly are copying the WTO agreement, without any modifications and restrictions, and the relevant provisions of China’s the competition law is still not perfect. Therefore, china should learn from the experience of other countries and improve the competition law of our country. By the deepening regional integration process, the relevant provisions of anti dumping law in regional trade agreements should are restricted and modified, improving the domestic law, and strengthening the establishment of a free trade area with Hong Kong, Macao and Taiwan. It is eventually established a unified competition law in the regions, and anti-dumping law is completely eliminated.