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'One Country, Two Systems'? The Prospects of EU Trade Defence Against Chinese Imports after 2016

EU anti-subsidy law has remained at the far side of EU trade defence until today. The expiry of Section 15 (a)(ii) of China’s Protocol of Accession, the WTO provision granting permission to use alternative benchmark methodologies in anti-dumping investigations, at the end of 2016 and continued import of unduly lowly-priced Chinese merchandise might, however, effect a swing from anti-dumping to anti-subsidy proceedings in the EU’s trade defence strategy towards China. What changes would this entail for Chinese producers? This article takes a look at both current and prospective EU anti-subsidy law as well as the Commission’s investigation practice to provide a comprehensive picture of what China stands to expect from EU anti-subsidy investigations in the future.