TY - JOUR
T1 - Could predatory pricing rules substitute for antidumping laws in the proposed China-Japan-Korea free trade agreement?
AU - Bi, Ying
AU - Van Uytsel, Steven
N1 - Publisher Copyright:
© The Author 2015.
PY - 2015
Y1 - 2015
N2 - The proliferation of trade agreements heightens the interest in predatory pricing rules because of their possibility to replace antidumping laws. Successful practices have already been achieved in several regional trade agreements. The current paper focuses on the proposed China-Japan-Korea Free Trade Agreement (CJK FTA) and argues that substitution may be complicated by the presence of two different forms of predatory pricing: dominance-orientated predatory pricing and unfair predatory pricing. Reviewing the rules of the former fortifies the evidence that specific rules of competition law can substitute antidumping law. However, by exploring the rules of the latter, this conclusion is troubled. Unfair predatory pricing rules, as they exist in China, Japan, and Korea, are prone to protectionist abuse. Hence, efforts to harmonize predatory pricing rules so as to abolish antidumping laws would confront more difficulties in the proposed CJK FTA.
AB - The proliferation of trade agreements heightens the interest in predatory pricing rules because of their possibility to replace antidumping laws. Successful practices have already been achieved in several regional trade agreements. The current paper focuses on the proposed China-Japan-Korea Free Trade Agreement (CJK FTA) and argues that substitution may be complicated by the presence of two different forms of predatory pricing: dominance-orientated predatory pricing and unfair predatory pricing. Reviewing the rules of the former fortifies the evidence that specific rules of competition law can substitute antidumping law. However, by exploring the rules of the latter, this conclusion is troubled. Unfair predatory pricing rules, as they exist in China, Japan, and Korea, are prone to protectionist abuse. Hence, efforts to harmonize predatory pricing rules so as to abolish antidumping laws would confront more difficulties in the proposed CJK FTA.
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U2 - 10.1093/ssjj/jyv010
DO - 10.1093/ssjj/jyv010
M3 - Article
AN - SCOPUS:84939503111
SN - 1369-1465
VL - 18
SP - 163
EP - 192
JO - Social Science Japan Journal
JF - Social Science Japan Journal
IS - 2
ER -