The Use of Alternative Benchmarks in Anti-Subsidy Law by Sophia Müller

Author:Sophia Müller
Language: eng
Format: epub, pdf
Publisher: Springer International Publishing, Cham

4.2.2.2.2 The EU Approach Regarding Preferential Lending

The citation of miscellaneous Chinese legislative regulations and the references to conditions found on the Chinese market during the investigation can be assessed twofold. On the one hand, they can be regarded as specific examination of Chinese particularities and constitute China-exclusive reasoning in the narrow sense of “special difficulties”. On the other hand, the evidence gathered on the Chinese banking sector can be viewed to express a distortion of economic conditions, which can be found also in other countries—supported by different kinds of proof. Again, a definite answer to the question of WTO conformity remains elusive.

The selection process for the alternative benchmark is in line with the requirements of Section 15(b) CAP, because the Commission choses to adjust existing rates for the new benchmark.

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