Compromissos de preços e trustees em defesa comercial uma proposta possível para solução de um problema concreto no fluxo de comércio internacional

Resumen

Drawing from the interface between international trade law and competition law, we leverage the experience of the Administrative
Council for Economic Defense (“CADE”) in Brazil with monitoring trustees to suggest the adoption of monitoring trustees for price
undertakings in trade remedies. We suggest that this solution may reduce or eliminate the monitoring costs of price undertakings by the Trade Remedies Department in Brazil (“DECOM”), identified as one of the main reasons for the non-utilization of such an institute in recent years. As a result, the monitoring may allow the adoption of a less restrictive alternative to the flow of international trade, without compromising the neutralization of injury to the domestic industry caused by dumped imports.