Anti-Dumping and Anti-Subsidy Investigations at ELIG Gürkaynak

ELIG Gürkaynak has a skilled team providing legal assistance and representation to domestic and international manufacturers, importers and exporters in anti-dumping and anti-subsidy investigations in a variety of industries.

In close collaboration with international law firms and our clients' domestic in-house counsel teams, ELIG Gürkaynak provides advice and coordination on anti-dumping and anti-subsidy investigations taking place in Turkey and in Turkey’s export partners including the European Union, Russia, US, UAE and Iraq, to maintain alignment on an on-going basis during the course of an investigation process.

ELIG Gürkaynak also provides legal assistance on the new set of rules introduced by the Foreign Subsidies Regulation in the European Union, enabling the European Commission to address distortions caused by foreign subsidies. In particular, ELIG Gürkaynak provides advice and coordination on the notification procedures for concentrations and bids in public procurement processes involving financial contributions by non-EU governments within the scope of the Foreign Subsidies Regulation in the European Union.

The Foreign Subsidies Regulation in the European Union also allows the European Commission to start investigations on its own initiative, if there is a possibility that a foreign subsidy is distorting the internal market. If the investigation of the European Commission reveals that a foreign subsidy is indeed distortive, then the European Commission is entitled to bring appropriate measures to redress the balance or accept commitments. ELIG Gürkaynak assists clients with the investigations launched by the European Commission within the scope of the Foreign Subsidies Regulation.  

ELIG Gürkaynak also represents international clients in domestic investigations. One of the essential missions of the Turkish General Directorate of Imports is to defend domestic producers’ interests against imports which cause serious injury to the domestic industry. With a view to protect its industries, Turkey has developed and adopted national legislation on the prevention of unfair competition in imports. In this respect, the Turkish General Directorate of Imports is authorized to initiate investigations and apply and enforce trade defense instruments (anti-dumping and anti-subsidy) in compliance with the World Trade Organization rules and national legislation, where there is a material injury or threat of material injury and a causal link between dumped or subsidized imports and the injury.

We provide assistance to and represent clients in all stages of investigations, including collecting and coordinating data to wrap up questionnaires, compile information petitions, confidentiality statements, additional petitions or information requests by the Turkish General Directorate of Imports, provide comments and opinions on the investigations, including preliminary and final determinations, review final disclosures and develop injury defense, and provide assistance on public hearings and on-site inspections.