Abstract
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.
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