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Anti-dumping actions in international trade

Dale, Richard (1979) Anti-dumping actions in international trade. Doctor of Philosophy (PhD) thesis, University of Kent. (doi:10.22024/UniKent/01.02.94293) (KAR id:94293)


The intellectual foundations of modern anti-dumping action were laid by Jacob Viner in his classic study of the subject ("Dumping: A Problem in International Trade") published in 1923. Since then the dumping issue has been largely ignored by economists despite the passage of much new remedial legislation (including negotiation in 1967 of the GATT Anti-dumping Code), the development of a voluminous body of caselaw and extensive experience with parallel legislation, such as the United States Robinson-Patman Act, aimed at price discrimination in the domestic field.

The present study re-examines the arguments against dumping within the general context of price discrimination theory and concludes that so far as there is a problem in this area it relates to predatory rather than discriminatory pricing. At the same time recent theoretical and empirical work on pricing behaviour is drawn upon to show that predatory pricing in international trade cannot properly be regarded as a real-world phenomenon demanding remedial legislation - a conclusion supported also by the mass of documentation on individual anti-dumping investigations which has accumulated during the last decade.

The main body of the study is taken up with a detailed examination of post-war anti-dumping laws and their operation. This analysis suggests that modern anti-dumping policy is not merely misconceived in theory but has highly damaging trade-inhibiting effects in practice. The penalties imposed on importers discourage both dumped and undumped imports; special anti-dumping procedures for steel have strengthened the tendency towards cartelisation of the steel sector; attempted application of anti-dumping laws to East-West trade have yielded perverse results; and, more generally, the complexity, cost and unpredictability of anti-dumping actions pose (so it is argued) an increasingly serious threat to legitimate commercial transactions. The overall conclusion is that anti-dumping laws should be repealed and that where a protectionist safety-valve is considered necessary resort should be had to other, purpose-built, safeguard mechanisms such as GATT Article XIX.

Item Type: Thesis (Doctor of Philosophy (PhD))
DOI/Identification number: 10.22024/UniKent/01.02.94293
Additional information: This thesis has been digitised by EThOS, the British Library digitisation service, for purposes of preservation and dissemination. It was uploaded to KAR on 25 April 2022 in order to hold its content and record within University of Kent systems. It is available Open Access using a Creative Commons Attribution, Non-commercial, No Derivatives ( licence so that the thesis and its author, can benefit from opportunities for increased readership and citation. This was done in line with University of Kent policies ( If you feel that your rights are compromised by open access to this thesis, or if you would like more information about its availability, please contact us at and we will seriously consider your claim under the terms of our Take-Down Policy (
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: SWORD Copy
Depositing User: SWORD Copy
Date Deposited: 17 Jul 2023 08:40 UTC
Last Modified: 17 Jul 2023 08:40 UTC
Resource URI: (The current URI for this page, for reference purposes)

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