In EU anti-dumping and anti-subsidy investigations, the European Commission may decide not to impose measures even in the face of injurious dumping or subsidization, on the ground that this would be against the interests of the European Union. This article is an attempt at reviewing and summarizing the rules and discipline governing the use of the union interest, and at presenting the practice of the European Commission. It also critically reviews this practice, and suggests ways of improving the level of cooperation by users and the taking into account of their interests. The role of Member States in relaying and defending the interests of their industry, under the comitology procedure applicable since February 2014, is then discussed.
Global Trade and Customs Journal