EEC Antidumping Law and Trade Policy after Ballbearings II: Discretionary Decisions Masquerading as Legal Process

Lockett, James K. | January 1, 1987

This Article examines whether EEC antidumping law is maturing into a rational, fair, and cohesive set of rules and procedures while in the midst of this shift to a policy orientation. In setting the framework for this analysis, this Article first examines recent changes in EEC antidumping law, briefly reviewing earlier European Court of Justice (“Court”) decisions, 7 and summarizing legal issues currently being discussed.’ In this analysis, the important role of judicial review will be shown. This Article closes by addressing the effect of the Court’s decisions and the extent to which they have contributed to or impeded the process of applying the EEC’s fair trade rules.9 This Article concludes that the most recent cases-known as the Ballbearings I Cases-have set back the rationalization of EEC antidumping law, reinforcing the tendencies of the Commission and Council of the European Communities (“Commission” and “Council,” respectively) to use their discretionary powers to pursue policy aims beyond the true scope of EEC antidumping laws.