摘要
反倾销制度被认为是贸易救济手段之一,旨在保护国内产业和国内就业。但它往往无法实现这些目的,甚至适得其反。同时,反倾销程序被大量滥用,成为国内产业获得市场势力、形成和维持卡特尔的工具,导致国际贸易扭曲和国内竞争破坏,让国内消费者承担巨额成本。应该利用国际舞台积极推动国际反倾销协定的修改,使其更加完善。同时可以利用反倾销实施国反垄断执法机关的竞争倡导机制促使其国内法的变革,并利用其反垄断执法机制对滥用反倾销程序的企业进行反击。
Antidumping is considered as a trade remedy aiming at protecting domestic industries and jobs. However, this measure often fails in its professed goals, and sometimes even backfires. Also, the antidumping system is repetitively abused and sometimes becomes an instrument for domestic industries to seize market power and to form and maintain cartels. Such behaviors lead to the distor- tion of international trade and the disruption of domestic competition, burdening domestic consumers with huge costs. To address the problem, international fo- rums should be used proactively to press for amendments in international anti- dumping agreements. The domestic anti-trust agencies＇ advocacy competition should also be utilized to stimulate changes in the domestic trade law, and the antitrust enforcement power should be used to tackle enterprise abuses of anti-dumping procedures.
