As a leading firm in international trade law, we have extensive experience in advising clients on the complexities of prohibited and actionable subsidies under the Agreement on Subsidies and Countervailing Measures (SCM Agreement) of the World Trade Organization (WTO).
Prohibited subsidies under the SCM Agreement are those that are contingent, in law or in fact, on export performance or the use of domestic over imported goods. These prohibited subsidies, commonly referred to as export subsidies and import substitution subsidies, are deemed to be specific and viewed as particularly harmful to fair trade.
Actionable subsidies, on the other hand, are those that "injure" the domestic industry of another country or cause "serious prejudice" to the interests of another country. This can occur when a subsidy impairs or displaces another country's exports into the market of the subsidizing country, impairs or displaces another country's exports to third countries, significantly undercuts the price of a "like product," or increases the world market share of the subsidizing country for a particular primary product or commodity.
Our team of experts has a deep understanding of the SCM Agreement and is well-versed in the procedures for dispute settlement at the WTO, as well as countervailing duty investigations. We also have experience in representing clients whose exports have become the target of subsidy investigations initiated by other countries. Whether you are a company being commercially harmed by subsidized competition or need to defend against a subsidy investigation, we have the knowledge and experience to guide you through the process and achieve the best possible outcome.
Our team is dedicated to providing our clients with the highest level of legal expertise and strategic guidance, and we are committed to helping them succeed in the global marketplace.CONTACTS