European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Where, due to the particular market situation , sales of a like product in the exporting country do not allow for a proper comparison to be made on prices, the normal value cannot be calculated on the basis of the domestic sales price . The comparison can be properly made only if the sales made on the domestic market of the exporting country reflect normal behavior on the part of purchasers and re …

Proper comparison

Where, due to the particular market situation , sales of a like product in the exporting country do not allow for a proper comparison to be made on prices, the normal value cannot be calculated on the basis of the domestic sales price . The comparison can be properly made only if the sales made on the domestic market of the exporting country reflect normal behavior on the part of purchasers and result from normal patterns of price formation . In other words, normal value is to be constructed only if prices result from market forces .

The sale of product covered by patent , the date of production of the models sold , differences in costs , do not prevent comparability where they have no bearing on the prices applied. On the other hand, where the sales price of like products varies depending on the category of purchasers concerned, distinct normal values may be used. This is the case for undertakings which resell under their own brand (OEM: Original Equipment Manufacturers), for independent distributors who exclusively sell to other categories of customers (retailers and end users) and for other independent customers where the level of purchasers in the trade process affects price comparability .

Lastly, the method of constructed value applies where the prices charged on the domestic market of the exporting country does not reflect a normal market situation, since the products sold in the exporting countries and those exported to the Union have significant differences in functions and systems .

The fact that domestic and export sales are made into different market segments does not in itself constitute a particular market situation which does not allow for a proper comparison to be made: Council Regulation (EU) No 1965/98 of 9 September 1998, imports of polysulphide polymers (United States of America), LawLex200900002483JBJ.

Case C-105/90 Goldstar v Council [1992] ECR I-677, LawLex200900000330JBJ.

Case T-159/94 Ajinomoto and The NutraSweet Company v Council [1997] ECR II-2461, LawLex200900001263JBJ.

Case T-159/94 Ajinomoto and The NutraSweet Company v Council [1997] ECR II-2461, LawLex200900001263JBJ; Case C-76/98 P Hamptaux v Commission [1999] ECR-SC I-A-59, II-303, LawLex200900001174JBJ, which specifies that it does not matter whether the patent holder freely charges higher prices on its domestic market.

Case C-105/90 Goldstar v Council [1992] ECR I-677, LawLex200900000330JBJ: regarding certain compact disk players, stating that the date of production of the models sold does not have any bearing on the calculation of the normal value failing any evidence that the date of product has a bearing on the price at which the outdated models have been sold on the domestic market of the exporting country.

Commission Regulation (EC) No 2140/89 of 12 July 1989, imports of certain compact disc players (Japan, South Korea), LawLex200900002683JBJ.

Commission Regulation (EC) No 2140/89 of 12 July 1989, imports of certain compact disc players (Japan, South Korea), LawLex200900002683JBJ, which found a clear distinction in quantities sold, a clear difference in pricing policy and a consistent pattern of price reflecting the distinct functions exercised by these categories of purchasers.

Commission Regulation (EC) No 2376/94 of 27 September 1994, imports of color television receivers (Malaysia, China, Korea, Singapore and Thailand), LawLex200900002743JBJ; See also Case T-159/94 Ajinomoto and The NutraSweet Company v Council [1997] ECR II-2461, LawLex200900001263JBJ, which found that the normal value must be determined on the basis of the price charged on the intermediate country rather than on the basis of the price charged on the market of the country of origin where the product is not merely transshipped through that country but is sold there and part of it is transformed and repackaged.

European Business Law

403. Proper comparison

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

403. Proper comparison

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise