Portal de Periódicos da CAPES

The EU’s ‘Anti-Brosmann Amendment’: Back to the Future – Part II

2013; Volume: 8; Issue: Issue 6 Linguagem: Inglês

10.54648/gtcj2013019

1875-6468

Folkert Graafsma, Folkert Graafsma,

Taxation and Legal Issues

Market economy treatment (MET) for exporters from non-market economy countries in anti-dumping cases is an opportunity to avoid the artificial use of substitute data from a reference country, an opportunity reinforced by the so-called Brosmann judgment of the European Court of Justice (ECJ). Concerned about its administrative burden, the European Commission enacted the Anti-Brosmann Amendment to narrow and limit MET. This article considers the history and operation of the Anti-Brosmann Amendment, including its retroactivity and legality generally.