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The judgment of the European Court of First Instance in the aforementioned case seems to sharpen the requirements of the basic anti-dumping regulation that allow the Commission to deny market economy status to companies operating in non-market economy countries. The Court decided that a finding of state control within a company would not be sufficient to refuse the granting of market economy status and thus that such an assessment made by the Commission should rather be based on specific business decisions of the company at issue.
Global Trade and Customs Journal – Kluwer Law International
Published: Jan 1, 2009
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