Abstract
Both legislative history and enforcement practice suggest that domestic price-discrimination laws tend to be directed mainly at secondary-line or buyer-level injury. On the other hand, dumping at buyer level can only benefit the importing country’s domestic industry, which is thereby given the opportunity of purchasing its inputs at prices below those prevailing in the exporting country. At the same time, recent criticisms of domestic price discrimination laws, so far as they affect primary-line competition (at the seller’s level), apply with even great force to anti dumping legislation.
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Notes and References
See generally, Frederick Rowe, Price-Discrimination under the Robinson-Patman Act (Boston: Little Brown, 1962) pp. 3–23.
Corwin D. Edwards, The Price Discrimination Law (Washington: Brookings Institution, 1959) pp. 12–13.
See generally M. Howe, ‘Policies towards Market Power and Price Discrimination in the EEC and UK’, in Kenneth D. George and Caroline Joll (eds), Competition Policy in the UK and the EEC (London: Cambridge University Press, 1975).
Lawrence A. Skeoch and Bruce C. McDonald, Dynamic Change and Accountability in a Canadian Market Economy (Ottawa: Minister of Supply and Services Canada, 1976) pp. 217–18.
W. J. Liebeler, ‘Let’s Repeal It’, Antitrust Law Journal, Chicago, vol. 45, no. 1, p. 21.
See briefs of the Antitrust Division of the Department of Justice to United States Tariff Commission: In the Matter of Sheet Glass from West Germany, France and Italy, 1 October 1971; In the Matter of the Importation of Large Power Transformers from France, Italy, Japan, Switzerland and the UK, 5 April 1972; In the Matter of the Importation of Northern Bleached Hardwood Kraft Pulp from Canada, 12 December 1972; In the Matter of the Importation of Primary Lead Metal from Canada, 21 December 1973; In the Matter of Certain Wire Nails from Canada, 29 December 1978 (Washington: USTC).
Fritz Machlup, The Political Economy of Monopoly (Baltimore: Johns Hopkins, 1952) p. 149.
Milton Gilbert, ‘A Sample of Differences between Domestic and Export Pricing Policies of United States Corporations’ in Investigations of Concentration of Economic Power (Washington: US Government Printing Office for the Temporary National Economic Committee, 1941) Monograph 6.
See, for example, Charles Kindleberger, The Terms of Trade: A European Case Study (Cambridge, Mass.: MIT Press, 1956) p. 89.
For a thorough survey of this field see ‘Report of the Committee of Experts on Restrictive Business Practices’, Export Cartels (Paris: OECD Secretariat, 1974); ‘Informational Requirements for Restrictive Business Practices by Firms in Developed Countries’, Antitrust Bulletin, Winter, 1975. For a legal analysis of the United States Webb-Pomerene Act, see Wilbur L. Fulgate, Foreign Commerce and the Antitrust Laws, 2nd ed. (Boston: Little Brown, 1973) ch. 7.
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© 1980 Richard Dale
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Dale, R. (1980). Price Discrimination and the Law. In: Anti-Dumping Law in a Liberal Trade Order. Trade Policy Research Centre. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-05045-1_3
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DOI: https://doi.org/10.1007/978-1-349-05045-1_3
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