Anti-dumping investigations are a tool of the European Commission (the “Commission”) to protect the European industry from artificially low-priced imports. If an investigation by the Commission demonstrates that dumping is taking place, that this dumping is causing harm to the European industry, and that intervention is in the EU’s interest, import duties may be imposed. The Commission may launch an investigation if it receives a complaint from the European industry about dumping from non-EU countries.
The number of new investigations following complaints has increased sharply this past year, to an average of two per month. The number of pending measures is also rapidly increasing. At the end of 2023, 120 definitive anti-dumping measures were in force, double the number in 2022. As of mid-2025, 113 definitive anti-dumping measures are in force. A recent example of a product subject to a duty is erythritol, on which the Commission imposed anti-dumping duties of up to 233.3% early this year.
- What is an anti-dumping investigation?
The objective of an anti-dumping investigation by the Commission is to determine whether a product from a non-EU country is being sold on the European market at artificially low prices, thereby harming the European industry (see also our earlier blog on this topic). The rules regarding anti-dumping investigations are set out in Regulation (EU) 2016/1036 (also known as the ‘Basic Regulation’). The investigation focuses on four key questions:
- has dumping occurred?
- is the European industry suffering material injury as a result of this dumping?
- is the injury suffered due to the dumping?
- is the imposition of measures by the Commission in the Union’s interest?
If these four criteria are met, the Commission may take anti-dumping measures by imposing import duties. These may take different forms: an ad valorem duty (a percentage of the transaction price), a duty consisting of a fixed amount per unit, or a price undertaking, whereby the exporter voluntarily commits to a minimum selling price. In practice, the Commission usually opts for an ad valorem duty.
- Which companies may file a complaint?
European producers that suspect dumping may file a complaint with the Commission. In that case it is important that a complaint is sufficiently supported within the European industry: a complaint will be investigated only if it is established that it has been filed “on behalf of the Union industry”. That is in any event the case if the complaint is supported by Union producers whose collective output exceeds 50% of the total EU production. In practice, at least 25% of the total EU production must expressly support the complaint. The proportion of producers supporting the complaint must furthermore exceed the proportion of producers opposing it. However, the Commission is not required to withdraw the investigation if the support drops below 25% during an investigation that has already been launched.
After receiving the complaint, the Commission assesses whether an investigation is in the Union’s interest, whereby it has a wide margin of discretion. In special cases, the Commission may also launch an investigation – on its own initiative – without a complaint having been filed.
- What are the requirements for handling a complaint?
A complaint must meet various procedural and substantive requirements in order for the Commission to consider it. First, the complaint must contain general information on the relevant market. Next, the complaint must provide evidence on the basis of which it is reasonable to conclude that dumping has occurred. It must furthermore be apparent from the complaint that the dumping is causing injury to the European industry. Finally, the complaint must demonstrate the causal link between the dumping and the injury suffered. While dumping need not be the sole cause of the injury, it must be clear that it contributes substantially to the adverse effect on the European industry.
Moreover, the requirements for SMEs to file a complaint are lower than for larger companies. Less information needs to be provided, for instance. In all cases, the complainant must prepare both a confidential version of the complaint (which can be accessed only by the Commission) and a non-confidential version (which can be accessed by all interested parties).
The Commission very much appreciates it if a potential complainant contacts the Commission before filing the complaint. This may prevent a complaint from being rejected because it does not (or not yet) meet all the requirements. This process generally takes several months.
A complainant may withdraw its complaint at any time, also during the investigation. But that does not mean that the Commission is required to end its investigation: it follows from case law of the Court of Justice of the European Union that the Commission has the possibility – but not the obligation – to terminate the investigation, unless that is not in the Union’s interest.
- What information must the complainant submit to the Commission?
A valid complaint (that is likely to succeed) contains information on several topics: (i) information to establish the identity and admissibility of the complainant(s); (ii) information on the scope of the complaint; (iii) information on the dumping margin; and (iv) information on the injury.
Specifically, the complaint must include the following information:
- a list of all other known producers and associations of producers in the EU, including (as far as possible) the quantity of products produced in the EU in the year preceding the complaint, as well as the prices of those products;
- a list of producers from the country from which the alleged dumping is taking place;
- a description of the product concerned, including an accurate description of the production process and the basic physical, technical and chemical characteristics of the product concerned. This list must be carefully compiled, because discussions may arise during the investigation regarding the scope of the product under investigation. During an investigation into the dumping of shoes, for instance, certain shoe types were not included in the investigation because they were not sold in normal shoe stores;
- evidence to establish dumping, namely (a) the export price of the product concerned to the EU; and (b) the normal value of the product in the country of origin. The evidence to be provided by the European industry should help the Commission on its way, but does not need be conclusive; and
- the injury to the European industry must be quantified in as much detail as possible. This means providing as much evidence of actual harm as possible. It is particularly important to show what the export prices of non-European producers are and that they are lower than those of the European industry.
The Commission considers both macroeconomic and microeconomic indicators in its assessment of the existence of dumping and injury. The first category includes production capacity, total production, sales volume, market share and employment. The second category includes factors such as sales prices, sales value, cost of production, profitability and price undercutting.
- What is the process after the complaint has been filed?
The timelines in an anti-dumping investigation are relatively short and incomparable to, for instance, antitrust investigations or abuse of a dominant position, which often take years. If a complaint meets the formal requirements, the Commission must decide within 45 calendar days whether to launch an investigation. If the investigation is launched, the Commission sends questionnaires to various interested parties, including European producers, exporters, importers, suppliers and end users of the product in question. These parties are usually given 30 to 37 calendar days in which to respond. The questionnaires for European producers include extensive questions on injury indicators, while non-European producers are specifically investigated for dumping.
The Commission may conduct verification visits to verify the accuracy of the information provided. At the same time, it assesses whether taking measures is in the European Union’s public interest. The Commission publishes its preliminary findings within seven months after the start of the investigation. At that point, provisional anti-dumping measures may already be imposed. They are imposed for six months and may then be extended by three months. They may also be imposed at once for a period of nine months. It is important to mention that these duties are not of a ‘conditional’ nature, but must be paid immediately. A complaint can therefore have a quick initial effect on the European market.
The final decision to impose anti-dumping duties must be taken within thirteen months at the latest. An anti-dumping duty imposed may not exceed the dumping margin set. The amount of the duty imposed depends on the severity of the dumping, the degree of injury caused to the European industry, and the importance of the imported products to the EU. Past investigations have shown that 74% of investigations result in the imposition of anti-dumping measures.
Conclusion
An anti-dumping investigation is an important tool of the Commission to protect the European industry. Recent cases show that the Commission is willing to rapidly impose substantial anti-dumping duties when the European industry suffers from artificially low-priced imports from outside the EU.
It may therefore be worthwhile for European producers to explore the possibility of a complaint to put an end to undermining by non-European producers. Maverick Advocaten has extensive experience in anti-dumping investigations and can support European producers in drafting a well-founded complaint.
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