Abstract
Under the WTO Antidumping Agreement (ADA) non-disclosure clause, the investigating AD authority cannot disclose the confidential information it obtains. This paper analyzes how non-disclosure of confidential information leads the government to use the magnitude of the AD duty to signal this information, in casu the costs of the firm under investigation, to the domestic industry. We obtain two main results. First the AD authority sets lower tariffs compared to the full disclosure scenario because it has an incentive to signal that the foreign firm is relatively inefficient. Second, adhering to the non-disclosure clause leads to lower domestic welfare relative to the full disclosure scenario. On the other hand, prices are lower and global welfare is higher under the non-disclosure clause, thus providing an economic rationale for the WTO’s ADA non-disclosure clause.
Similar content being viewed by others
Notes
On the implementation of Article VI of GATT 1994.
This argument is elaborated in UNCTAD (2006): http://unctad.org/en/Docs/ditctncd20046_en.pdf.
See for instance the position paper by the Foreign Trade Association (2015).
We thank the editor for providing this clarification.
The WTO ADA is available on www.wto.org.
Own emphasis added.
“As regards the investigation launched on hot-rolled flat steel today, the Commission decided to take action on the basis of a ”threat of injury”, rather than waiting for such injury to materialize. This is an early preventive action which is in itself an exceptional step in trade defense proceedings. The European Commission decided to activate this instrument since the complaint presented by the industry contained sufficient evidence to meet the legal demands” (emphasis added).
As the authors explain, one may have expected that governments want to lower the tariff to signal that their import competing domestic firm is efficient and does not need to be protected that much.
We provide an explicit solution for the separating AD-duty in the case of signaling.
We also find that, in the case of full disclosure, the optimal tariff depends on the marginal cost of the foreign firm, while in the model Collie and Hviid (1999), the optimal tariff in the case of full information does not depend on the level of efficiency of the home firm.
A product is considered to be sold at less than normal value if the price of the product exported from one country to another:
-
is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country, or,
-
in the absence of such domestic price, is less than either,
-
1.
the highest comparable price for the like product for export to any third country in the ordinary course of trade, or,
-
2.
the cost of production of the product in the country of origin plus a reasonable addition for selling cost and profit.
-
1.
-
Article 3.4 says: The examination of the impact of the dumped imports on the domestic industry concerned shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including actual and potential decline in sales, profits, output, market share, productivity, return on investments, utilization of capacity; factors affecting domestic prices; the magnitude of the margin of dumping; actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance (emphasis added).
Causality means that dumping be shown to have caused injury. Hindley (2009) with respect to the WTO ADA states that: An antidumping authority that has proved to its own satisfaction that dumping has occurred, and that has demonstrated that the national industry competing with those imports displays symptoms of injury, may doubt the need for rigorous enquiry into the cause of the injury. Had the dumped product been sold at higher prices, the domestic industry would have been able to sell more, or sell at a higher price or both. Isn’t obvious that dumping injures the industry? Such thoughts may lead to lackadaisical cause-of-injury investigations.
The guide is available in all official languages of the European Community on the Commission’s trade website: http://trade.ec.europa.eu/doclib/docs/2006/december/tradoc_112295.pdf.
Article 9.1 states that: ... the decision whether the amount of the anti dumping duty to be imposed shall be the full margin of dumping or less, are decisions to be made by the authorities of the importing Member. In fact, countries may include WTO-plus provisions in their decision. For example, the European Union has two: the lesser duty and community interest. The former results in a duty below the dumping margin if it is adequate to remove injury and the latter recognizes the interests of consumers when imposing a duty.
For the model to be consistent, we assume \(p^{*}\) is high enough to ensure that \(t\leqslant p^{*}-p(Q)\).
This assumption does not change the qualitative results of our paper but allows us to derive an explicit solution of the separating equilibrium. Bear in mind however, that even if an explicit solution cannot be found, one can easily perform a qualitative analysis as proposed by Collie and Hviid (1993, 1994, 1999), Collie et al. (1999) and appreciate that all the intuitions go through.
Note that \(t^{*}\) is never prohibitive since \(t^{*}\leqslant t^{p}\) is always satisfied. The prohibitive duty is given by Eq. (19), with \(\hat{k}(t)=k\) at equilibrium.
To appreciate this result, note that the AD duty under complete information is welfare maximizing because
$$\begin{aligned} t^{o}={\textit{argmax}}_{t}G(t)\Leftrightarrow \partial G(t)/\partial t\mid _{t=t^{o}}=0. \end{aligned}$$In the signaling equilibrium, i.e. for any \(t^{*}(k)~{\textit{such that}}~k<2(\alpha -c)\), the domestic welfare is strictly lower since
$$\begin{aligned} t^{*}<t^{o}\Leftrightarrow \partial G(t)/\partial t\mid _{t=t^{*}}>0. \end{aligned}$$Note that we are able to derive an explicit solution by using this method only if we assume that the foreign firm can possibly monopolize the market (i.e. \(k\geqslant 2(\alpha -c)\)). We believe this assumption is realistic in our setting, as exporting firms are usually large and potentially efficient enough to monopolize the domestic market.
The equation of line \(L_{1}\) is derived by using slope \(m_{1}=(1+{\sqrt{7}})/6\) and point \(k=2(\alpha -c)\) and \(t=(\alpha -c)\).
References
Anderson, S. P., Schmitt, N., & Thisse, J. (1995). Who benefits from antidumping legislation? Journal of International Economics, 38, 321–337.
Blonigen, B. A. (2006). Evolving discretionary practices of U.S. antidumping activity. The Canadian Journal of Economics/Revue canadienne d'Economique, 39(3), 874–900.
Blonigen, B. A., & Prusa, T. J. (2015). Dumping and antidumping duties (NBER Working Papers 21573). National Bureau of Economic Research, Inc.
Brander, J. A., & Spencer, B. J. (1984). Tariff protection and imperfect competition. In H. Kierzkowsky (Ed.), Monopolistic competition and international trade. Oxford: Clarendon.
Collie, D. R., & Hviid, M. (1993). Export subsidies as signals of competitiveness. Scandinavian Journal of Economics, 95, 327–339.
Collie, D. R., & Hviid, M. (1994). Tariffs for a foreign monopolist under incomplete information. Journal of International Economics, 37, 249–264.
Collie, D. R., & Hviid, M. (1999). Tariffs as signals of uncompetitiveness. Review of International Economics, 7, 571–579.
Collie, D. R., Hviid, M., & Kendall, T. (1999). Strategic trade policy under integrated markets. Journal of Economic Integration, 14(4), 523–553.
Collie, D. R., & Vandenbussche, H. (2006). Antidumping duties and the Byrd amendment. European Journal of Political Economy, 22(3), 750–758.
d’Aspremont, C., & Jacquemin, A. (1988). Cooperative and Noncooperative R&D in Duopoly with Spillovers. The American Economic Review, 78(5), 1133–1137.
European Commission. (2016a). Commission launches new anti-dumping investigations into several steel products. Press Release, Brussels, 12 February 2016.
European Commission. (2016b). Notice of initiation of and AD proceeding concerning imports of certain hot-rolled flat products of Iron, non-alloy and other alloy steel originating in the People’s Republic of China, 2016/C 58/08. 13 February 2016.
Foreign Trade Association. (2015). Achieving transparency in the EU’s anti-dumping regime. In Position paper.
Gao, X., & Miyagiwa, K. (2005). Antidumping protection and R&D competition. Canadian Journal of Economics, 38, 211.
Hindley, B. (2009). Cause-of-injury analysis in European antidumping actions. In European center for international political economy (ECIPE), Working paper, no 05/2009.
Horlick, G., & Vermulst, E. (2005). The 10 major problems with the anti-dumping instrument: An attempt at synthesis. Journal of World Trade, 39(1), 67–73.
King, R. (2009). Transparency in anti-dumping: comparing the EU and US. In Presentation at the European center for international political economy (ECIPE), 13 May 2009 by Richard King, Counsel, White & Case Brussels. www.ecipe.org/research-areas/antidumping-policy.
Kolev, D. R., & Prusa, T. J. (2002). Dumping and double crossing: The (In) effectiveness of cost-based trade policy under incomplete information. International Economic Review, 43(3), 895–918.
Lindsey, B., & Ikenson, D. J. (2003). The devilish details of unfair trade law. Washington: Cato Institute.
Mailath, G. J. (1987). Incentive compatibility in signaling games with a continuum of types. Econometrica, 55(6), 1349–1365.
Miyagiwa, K., & Ohno, Y. (1995). Closing the technology gap under protection. American Economic Review, 85(4), 755–770.
Miyagiwa, K., & Ohno, Y. (2007). Dumping as a signal of innovation. Journal of International Economics, 71, 221–240.
Miyagiwa, K., Song, H., & Vandenbussche, H. (2016). Accounting for stylized facts about recent antidumping: retaliation and innovation. The World Economy, 39, 221–235.
Niels, G. (2000). What is antidumping policy really about? Journal of Economic Surveys, 14, 467–492.
Spence, M. (1973). Job market signaling. The Quarterly Journal of Economics, 87(3), 355–374.
Tharakan, P. K. M., Greenaway, A., & Kerstens, B. (2006). Anti-dumping and excess injury margins in the European Union: A counterfactual analysis. European Journal of Political Economy, 22(3), 653–674.
UNCTAD. (2006). Training module on the WTO agreement on anti-dumping. http://unctad.org/en/Docs/ditctncd20046_en.pdf.
Author information
Authors and Affiliations
Corresponding author
Additional information
This paper benefitted from very useful comments from Kaz Miyawiga, Hylke Vandenbussche, Xavier Wauthy, the editor and two anonymous referees. We gratefully acknowledge financial support from the FNRS, Belgium and from the Belgian French speaking community ARC Project #15/20-072 (Social and Economic Network Formation under Limited Farsightedness: Theory and Applications), Université Saint-Louis - Bruxelles, October 2015–September 2020. All remaining errors are ours.
Appendices
Appendix A: The 3rd period Bayesian–Nash equilibrium outputs
The expected profits of the home and the foreign firm are
where E is the expectation operator given the beliefs of the home firm about k. The firms choose their outputs to maximize their profits given the beliefs of the home firm about the amount k by which the foreign marginal cost has been reduced due to R&D. The first-order conditions for the Bayesian–Nash equilibrium are
To solve for the equilibrium quantities it is first necessary to solve for \(E(q_{F}\mid t)\). This is done by taking the expectation of the first-order condition of the foreign firm and then using the first-order condition of the home firm to obtain
where \(\hat{k}(t)=E(k\mid t)\). Substituting (30) into (29) and solving yields the Bayesian–Nash equilibrium outputs
\(\square \)
Appendix B: Regularity conditions of \(G^{{\textit{ND}}}(t)\)
Belief monotonicity is satisfied whenever \(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t)\) is strictly positive or negative. From Fig. 2 below we see that \(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t)<0\); hence, the domestic government would like the home firm to believe that the foreign firm has a low k, i.e. a high cost.
Type monotonicity is satisfied whenever \(\partial ^{2}G^{{\textit{ND}}}(t)/\partial k\partial t\) is strictly positive or negative. Using (18), it can be shown that \(\partial ^{2}G^{{\textit{ND}}}(t)/\partial t\partial k=1/2>0\). The interpretation of type monotonicity is that the marginal gain for the government from imposing an AD duty, i.e. \(\partial G^{{\textit{ND}}}(t)/\partial t\), is increasing in the R&D investment level k. Another way of thinking about type monotonicity is that for a high k, the gain from using a high AD duty becomes so large that it makes it costly for the government to use AD duty to signal the uncompetitiveness of the foreign firm to the home firm. Single crossing is a technical condition that requires \((\partial G^{{\textit{ND}}}(t)/\partial k)/(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t))\) to be monotonic in the R&D investment level k. The single crossing condition is satisfied when \((\partial G^{{\textit{ND}}}(t)/\partial k)/(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t))\) is monotonic in k. From Eq. (10) it can be shown that:
By taking its derivative with respect to k;
it can be seen that \((\partial G^{{\textit{ND}}}(t)/\partial k)/(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t))\) is monotonic in k. The single crossing condition is hence satisfied. \(\square \)
Appendix C: Finding and explicit solution
The first step in analyzing the differential Eq. (18), as shown in Fig. 2, is to divide the \((k,t^{*})\) space into different regions where the numerator N is positive or negative, and the denominator D is positive or negative. This determines the sign of the differential equation in each region and allows to illustrate the solutions as drawn in Fig. 2.
Note that the \(D=0\) locus gives the optimal AD duty under complete information as given by Eq. (22). The numerator is positive (negative) below (above) the \(N=0\) locus and the denominator is positive (negative) below (above) the \(D=0\) locus. Therefore the sign of the derivative, \(d\phi (k)/{\textit{dk}}\) in (22) can be derived from any point in the \((k,t^{*})\) space. The two loci intersect at \(k_{0}=2(\alpha -c)\) and \(t_{0}=\alpha -c\). This intersection is important because it is used to determine the two linear solutions of the differential Eq. (18), denoted by \(L_{1}\) and \(L_{2}\), which pass through this intersection.Footnote 21 Noting that \(d\phi (k)/{\textit{dk}}=m\), the differential equation can be solved for m, yielding two solutions, one positive \(m_{1}=(1+\sqrt{7})/6\), and one negative \(m_{2}=(1-\sqrt{7})/6\). These explicit solutions of the two linear equations of the differential equation that pass through the point \(\left( k_{0}=2(\alpha -c),\,t_{0}=\alpha -c\right) \) are obtained by positing a linear solution of the form \(t-t_{0}=m(k-k_{0})\), where the slope m is set equal to the differential equation \(d\phi (k)/{\textit{dk}}\).
First, replace \((k_{0}=2(\alpha -c),\,t_{0}=\alpha -c)\) and rearrange to obtain:
Then, set m equal to \(d\phi (k)/{\textit{dk}}\) to get
and solving for t:
Finally, set (31) equal to (32) and solve for m to obtain the two solutions of m:
and
Given the slopes \(m_{1}\) and \(m_{2}\) the linear equations are then given by \(L_{i}\equiv t-t_{0}=m_{i}(k-k_{0})\), \(i={1,2}\). The next step in the analysis of the differential equation is to determine the initial condition that selects a particular solution to the differential equation. It will be shown here that the initial condition corresponds to the point where the \(N=0\) and \(D=0\) loci intersect, i.e. point \((k_{0},t_{0})\). To begin with, note from Eqs. (23) and (24), that the home firm is driven out of the market when \(k\geqslant 2(\alpha -c)\). Moreover, observe from Fig. 2 that for all values of \(k>2(\alpha -c)\), the numerator is negative (\(N<0\)) which implies that \(\partial G/\partial \hat{k}(t)>0\). Belief monotonicity in this case states that the government wants the home firm to believe that the foreign firm has a high k, but since the home market is no longer active, there is no longer an incentive to signal, and the government imposes the optimal duty as given by Eq. (22). Thus, the only initial condition that can generate a solution is the point where \(k=2(\alpha -c)\) and \(t=(\alpha -c\big )\). As shown above, starting from the initial condition, there are two possible linear solutions: \(L_{1}\) and \(L_{2}\). However, the second order condition of the government’s objective function can be used to eliminate the linear solution \(L_{2}\). According to Mailath (1987) or Collie and Hviid (1993, 1999a, b), the second order condition can be expressed as:
The first term in the square brackets is positive, \(\partial ^{2}G^{{\textit{ND}}}(t)/\partial k\partial t>0\) because of type monotonicity, whilst the second term tends to zero as \(k\rightarrow c\), since \(\partial G^{{\textit{ND}}}(t)/\partial t\rightarrow 0\) and \(\partial G^{{\textit{ND}}}(t)/\partial \hat{k}(t)<0\) because of belief monotonicity. Hence \(d\phi ^{-1}/{\textit{dt}}>0\) has to be strictly positive for the second order condition to hold, meaning that the linear solution \(L_{2}\) can be ruled out because \(D<0\) and \(N>0\). The unique separating equilibrium is given by the positively sloped linear solution \(L_{1}\) in Fig. 2, where \(D>0\) and \(N>0\). It is thus given, for all values of \(k\leqslant 2(\alpha -c)\), by line \(L_{1}\) with equation:Footnote 22
Appendix D: Proof of Proposition 3
The explicit solution of the optimal duty under incomplete information is:
\(\square \)
Under the non-disclosure regime, the maximization problem of the foreign firm is given by (25) with \(t=t^{*}\). The equilibrium R&D level is given by
where \(\underline{\gamma }=\frac{2\alpha }{9c}.\) Under antidumping policy and complete information, the maximization problem of the foreign firm is given by (25) with \(t=t^{o}\). The equilibrium R&D level is given by
where \(\underline{\gamma }=\frac{2\alpha }{9c}\) so that \(k\leqslant c\). We now derive these two results.
1.1 D.i: Proof of Equation 34
Under the non-disclosure regime the maximization program of the foreign firm is given by (25) in which \(t=t^{*}\) is given by (19).
The FOC of the maximization of (36) with respect to k leads to
Taking the derivative reveals the second-order condition, which is satisfied if and only if \(\gamma >4\left( 16-5\sqrt{7}\right) /81\). From the FOC the optimal level of R&D is given by
Note from Eq. (37) that \(k\geqslant 2(\alpha -c)\) when \(\gamma \leqslant \frac{5-\sqrt{7}}{9}\). Whenever, \(\gamma \leqslant \frac{5-\sqrt{7}}{9}\), the foreign firm monopolizes the market. The computations are therefore the same as point 2 of “Appendix D.ii”. Consequently, putting (37) and (41) (see below) together leads to Eq. (34). \(\square \)
1.2 D.ii: Proof of Equation 35
Under complete information the maximization program for the foreign firm is given by (25) in which \(t=t^{o}\) given by (22)
1. The case of duopoly. The FOC of the maximization of (38) with respect to k leads to
Taking the derivative reveals the second-order condition, which is satisfied if and only if \(\gamma >32/81\). From the FOC the optimal level of R&D is given by
For \(c-k^{o}\geqslant 0\) to be satisfied it follows that
Finally, note that: \(\underline{\gamma }>32/81\Leftrightarrow \alpha >c\), which is a required condition for the firms to be active in the market. So \(k^{o}\) is an equilibrium whenever \(\gamma \geqslant \underline{\gamma }\). Next, observe from (8) that \(q_{H}=0\) if \(t^{o}\leqslant k-(\alpha -c)\). By replacing \(t^{o}\), given by (25), and rearranging it follows that \(q_{H}=0\Leftrightarrow k\geqslant 2(\alpha -c)\). From (39), \(k\geqslant 2(\alpha -c)\) whenever \(\gamma \leqslant 4/9\). This can only be an equilibrium if
Thus, for \(\alpha >3/2c\) monopolization is no longer possible.
2. The case of monopoly. Monopolization is possible when \(\gamma <4/9\). The monopoly quantity is given by equation of (9) and the optimal duty by (22). The maximization program is hence given by
where \(t^{o}=(\alpha -c+k)/3\). The FOC of (40) leads to
Taking the derivative reveals the second-order condition, which is satisfied if and only if \(\gamma >2/9\). From the FOC the optimal level of R&D is given by
For \(c-k^{o}\geqslant 0\) to be satisfied it follows that
It can be seen that \(k^{o}>2(\alpha -c)\Leftrightarrow \gamma <1/3\). Moreover, note that \(\underline{\gamma }<1/3\Leftrightarrow \alpha <3c/2.\) Finally putting (39) and (40) together reveals Eq. (35).
Comparing the top equations of (34) and (35) leads to the following result: a foreign firm with a relatively low (high) R&D investment cost (\(\gamma \)) ends up investing less (more) in the signaling equilibrium than in the full information case.
About this article
Cite this article
Khatibi, A., Vergote, W. Antidumping as a signaling device under the WTO’s ADA non-disclosure clause. Rev World Econ 154, 649–673 (2018). https://doi.org/10.1007/s10290-018-0318-4
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10290-018-0318-4