Treatment of China in EU Anti-dumping Investigations Post-December 2017: Plus ça change, plus c’est la même chose
The case of China against the European Union at the World Trade Organisation on market economy treatment and the consequent use of the analogue country methodology against Chinese producers and exports in anti-dumping investigations has brought about unease in political and legal circles. The European Union, in the interim, has put forth a new methodology, which allows the European Commission to rely on third country and international benchmarks in case where “significant distortions” are found in the exporting country. While this new methodology does away with the classification of Members as market or non-market economies, it is argued that the new methodology of the European Union presents the earlier law in a new form. This chapter examines the nuances of the new anti-dumping legal framework introduced by the European Union and provides a critical analysis of the EU law vis-à-vis China.