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Discussion – 


Discussion – 


Predatory Dumping Definition

predatory dumping

If the investigation shows dumping is taking place and domestic industry is being hurt, the exporting company can undertake to raise its price to an agreed level in order to avoid anti-dumping import duty. Predatory dumping is a type of anti-competitive behavior in which a foreign company prices its products below market value in an attempt to drive out domestic competition. Over time,outpricing peers can help the company to create a monopoly in its targeted market.

Corrosion leads to losses worth Rs 11,000 crore India annually, says ISSDA – Deccan Herald

Corrosion leads to losses worth Rs 11,000 crore India annually, says ISSDA.

Posted: Fri, 04 Aug 2023 08:19:32 GMT [source]

The Competition Bureau has established Predatory Pricing Guidelines defining what is considered unreasonably low pricing. Japan, for example, sold consumer electronics at high prices in its own country. But it lowered prices in the U.S market in order to maintain market share.

Predatory Dumping

All the matters connected with the abuse of the market power are handled by the Federal Antimonopoly Service of Russian Federation (FAS). The FAS investigates all alleged violations of the antimonopoly legislation and determines whether a dominant position has been exploited by one of the market participants. They are not limited to the fact that AD regulations (both at WTO and national level) and practices contain considerable ambiguity (see below). At the more fundamental level, the notion of ‘dumping’ as defined in the WTO, and the corresponding national regulations, are of questionable validity from an economic point of view. But economists do agree that certain types of dumping can indeed be welfare-reducing.

Other developing countries are given until 2003 to get rid of their export subsidies. Least-developed countries must eliminate import-substitution subsidies (i.e. subsidies designed to help domestic production and avoid importing) by 2003
— for other developing countries the deadline was 2000. Developing countries also receive preferential treatment if their exports are subject to countervailing duty investigations. For transition economies, prohibited subsidies had to be phased out by 2002.

predatory dumping

Can prices ever be «too low?» The short answer is yes, but not very often. Consumers are harmed only if below-cost pricing allows a dominant competitor to knock its rivals out of the market and then raise prices to above-market levels for a substantial time. A firm’s independent decision to reduce prices to a level below its own costs does not necessarily injure competition, and, in fact, may simply reflect particularly vigorous competition. Instances of a large firm using low prices to drive smaller competitors out of the market in hopes of raising prices after they leave are rare. This strategy can only be successful if the short-run losses from pricing below cost will be made up for by much higher prices over a longer period of time after competitors leave the market.

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Legal sanctions for predatory pricing are compensatory damages or administrative penalties, while dumping involves the levying of anti-dumping duties. Predatory pricing mainly falls under domestic laws, while dumping falls to international treaties or the laws of other countries. Ms. Mahnoor Nazir graduated in law from Punjab University and has done her masters in English literature as well from Punjab University. She is a lawyer who specializes in problem-solving, legal writing and has expertise in civil and banking laws. With a thorough understanding of the law, she pays close attention to the problem solving of the firm’s client and device strategies for the success completion of transactions. She has also successfully served clients from all around Pakistan with a variety of legal concerns.

  • By the late 1990s, the exclusiveness of the club of traditional AD users had become an anachronism.
  • Unlike sporadic dumping, which is occasional, predatory dumping is permanent.
  • These amendments were made in response to the recommendations made during the Harper reforms.
  • Ms. Aleena Waheed Hashmi obtained her graduation in Law from Punjab University Law College, Lahore and later pursued her Masters in Social Work.
  • The Anti-Dumping Agreement clarifies and expands Article 6, and the two operate together.

When a country restricts imports in order to safeguard its domestic producers, in principle it must give something in return. The agreement says the exporting country (or exporting countries) can seek compensation through consultations. If no agreement is reached the exporting country can retaliate by taking equivalent action
— for instance, it can raise tariffs on exports from the country that is enforcing the safeguard measure.

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The global economy is highly interlinked and open through trade liberalization. Globalization has spurred fierce international competition, making it increasingly difficult for companies to successfully pull off predatory dumping. The agreement says member countries must inform the Committee on Anti-Dumping Practices about all preliminary and final anti-dumping actions, promptly and in detail. When differences arise, members are encouraged to consult each other. Like the WTO, the European Union also enforces anti-dumping measures through its economic arm – the European Commission (EC). If a member country accuses a trading partner of dumping, the EC needs to find that dumping has caused material harm to the complainant.

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  • Measures imposed for more than a year must be progressively liberalized.
  • Predatory dumping is a practice where foreign companies sell products in a country at prices lower than the cost of production, with the goal of driving domestic companies out of business.

Although the FTC examines claims of predatory pricing carefully, courts, including the Supreme Court, have been skeptical of such claims. Some of the disciplines are similar to those of the Anti-Dumping Agreement. Countervailing duty (the parallel of anti-dumping duty) can only be charged after the importing country has conducted a detailed investigation similar to that required for anti-dumping action. The subsidized exporter can also agree to raise its export prices as an alternative to its exports being charged countervailing duty. The economic theory of predatory pricing involves a company pricing its goods and services to generate less revenue in the short term, thus, eliminating competitors and increasing market power.


Countries that can prove this to be the case are given permission by the WTO to implement anti-dumping measures, enabling governments to impose stiff duties on products being shipped in from overseas. For the process to work, the foreign company needs to be able to finance this loss until it can drive its competitors, predatory dumping both domestic rivals and other exporters active in the market, out of business. This can be achieved by subsidizing these sales through higher prices in the home country, or by tapping into other resources, such as a big war chest. To some extent developing countries’ exports are shielded from safeguard actions.

predatory dumping

It is also important to note the barriers to entry impact on a dominant firm’s ability to raise the price of their goods and services. On the exclusion of these barriers, other firms could theoretically enter any market where an incumbent firm is enjoying economic profits, thereby preventing the dominant firm from sufficiently raising prices high enough to recoup the costs of lowering price. Moreover, predatory dumping is illegal under World Trade Organization (WTO) rules—if it is deemed to harm producers in the targeted market.

How Dumping Takes Place

While the tariffs have helped to reduce the amount of cheap steel coming from China, they have also led to retaliatory tariffs, which have hurt other industries. The steel industry is a complex one, and finding a solution that benefits everyone is not easy. To save content items to your account,
please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. It may seem that the dumping company may lose a lot of money by charging a lower price. However, it is not the case in real life, as the dumping company is not losing money.

The Anti-Dumping Agreement clarifies and expands Article 6, and the two operate together. Critics of laws against predatory pricing may support their case empirically by arguing that there has been no instance where such a practice has actually led to a monopoly.[68] Conversely, they argue that there is much evidence that predatory pricing has failed miserably. For example, Herbert Dow not only found a cheaper way to produce bromine but also defeated a predatory pricing attempt by the government-supported German cartel Bromkonvention, who objected to his selling in Germany at a lower price. Bromkonvention retaliated by flooding the US market with below-cost bromine, at an even lower price than Dow’s. However, Dow simply instructed his agents to buy up at the very low price and then sell it back in Germany at a price still lower than Bromkonvention’s.

The majority of multinational companies (MNC) practice international price differentiation. They price a certain item depending on what each nation’s customer can afford. For example, Tide detergent in China is sold for less than one-fifth of the U.S. price. However, if a particular country is willing to pay more for a product, the MNC will price the product at a higher cost.

The theory does not explicitly state that profits must be negative in order for this to be achieved. In anti-monopoly law enforcement, determining the level of pricing that constitutes predatory pricing can be difficult in operation. The generally acceptable standard is that during a period of predatory prices, the predator’s profit will be negative where the price is lower than the initial cost. However, with this the question arises as to what kind of cost should be used as a reference. The use of a price that is lower than the cost may make certain predatory pricing practices not legally binding.


Alvaro Galindo

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