Abstract
This article discusses the concept of ‘dumping’ and whether a market-oriented concept of normal value definition is compatible with World Trade Organization (WTO) law. While this question on compatibility remained unanswered until now, it is expected that the newly adopted European Union (EU or Union) dumping calculation methodology, as introduced by Regulation (EU) 2017/2321, will accelerate discussions on this topic. The view presented here is that the answer to the question on WTO compatibility is not clear-cut. What’s certain, however, is that there is a rising concern among WTO Members with unfair market-distorted and protectionist practices. A categorical approach on the question on compatibility, excluding any possibility for WTO Members to take into account market-distorted practices in anti-dumping investigations, does, therefore, not seem recommendable.
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