The firm has considerable experience in providing legal advice to private parties on trade defence rules and procedures under the WTO Agreements and EU legislation. We have assisted multinationals, industry and trade associations in anti-dumping and anti-subsidy proceedings before the European Commission, representing their interests before all the institutions involved in the decision-making process, including national authorities. Our lawyers have also assisted Governments and private parties on the application and management of safeguards measures, including special safeguards on agricultural products.
Within the WTO context, we have advised a number of countries and operators on the application of the Anti-dumping Agreement and the Agreement on Subsidies and Countervailing Measures. Similarly, we have provided legal assistance to our clients in relation to the ongoing Rules negotiations in the Doha Round of multilateral trade negotiations. Lastly, we have advised Governments on the impact of free trade agreements on anti-dumping proceedings and on the drafting of the trade remedies chapter in bilateral and regional trade agreements.
The firm’s relevant experience in advising on trade defence proceedings and remedies includes:
- Legal representation and advice to a multinational corporation in the semi-conductors industry in a countervailing duty proceeding before the European Commission (including in the context of original anti-subsidy proceedings, interim reviews, refund requests and anti-circumvention proceedings) and on WTO rules concerning subsidies and countervailing measures, including in the context of WTO dispute settlement proceedings;
- Legal representation to an EU association of manufacturers of bicycle parts in an anti-dumping proceeding before the European Commission and on WTO rules concerning the application of anti-dumping measures;
- Legal advice to an EU-based fisheries industry on the existence of prima facie injurious subsidisation in respect of certain practices and on the existence of the grounds for the lodging of an anti-subsidy complaint;
- Legal advice to a South-American association of air-conditioning producers on EU law and procedures in anti-dumping determinations, with particular reference to the recognition of market economy treatment;
- Legal representation to the EU Council on anti-dumping proceedings before the European Courts;
- Legal advice in relation to the Rules negotiations in the Doha Round of multilateral trade negotiations;
- Advice to a Government on the negotiation and drafting of the trade remedies chapter of the free trade agreement with the EU;
- Advice to the Government of Vietnam on the impact of a free trade agreement with the EU on the initiation of EU anti-dumping proceedings against Vietnamese exports; and
- Advice to a regional organisation on the impact of certain anti-dumping provisions included in the trade in goods agreement.