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Antitrust in wonderland: Trade defense through the competition looking-glass

François-Charles Laprévote, Legal Practices, Concurrences N° 2-2015

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This article analyses the interactions between trade defense and competition law in the EU. These two policies are often in contradiction with one another, not only due to the goals they pursue, but also due to their effects. There are mechanisms in EU trade defense law that allow the Commission to take into consideration competition law concerns, in particular through the Union interest test. The EU decisional practice, however, shows that these mechanisms do not fully allow to reconcile the objectives of the two policies. This article considers the interactions between the two policies and includes some proposals to foster their convergence in the EU.

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