EU High Court Hands Win To Chinese Co. In Duty Dispute

Law360, New York (July 19, 2012, 3:01 PM EDT) -- The European Union's high court on Thursday upheld a lower court’s ruling that the European Commission incorrectly refused to consider granting market economy status to a Chinese company when imposing anti-dumping measures on imports of the herbicide glyphosate.

The European Court of Justice found that the mere existence of state control over a company is not equivalent to significant state interference in its decisions regarding prices, costs and inputs, and therefore the company should not be denied market economy treatment under European law.

At issue is...
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