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Truth finding: Do Subsidies Continue After Privatization? (2009)

Abstract
the theme of this article is to discuss whether a pre-privatization subsidy would beextinguished after privatization of entities. Since WTO AB held that privatization at arm’s lengthand for fair market value may, not must result in extinguishing the benefit, it provides possibilitiesfor the investigating authorities to develop more methodologies to examine the issue. Actually, howto define a fair market value directly influences standards employed by the investigating authoritiesto assess the problem. After reviewing the changes of U.S. methodologies of assessment, this articleintends to clarify the crucial meaning of fair market value, claiming a fair way in which thetransaction of privatization is conducted more effectively ensures realization of a fair market value.

Publication details
Download http://www.jiclt.com/index.php/jiclt/article/view/51
Publisher International Association of IT Lawyers
Repository Journal of International Commercial Law and Technology (JICLT) (Denmark)
Keywords subsidy, privatization, fair market value, ASCM
Language English