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

A determination of injury must be based on positive evidence and involve an objective examination of the volume of dumped imports, in particular where there has been a significant increase in those dumped imports, either in absolute terms or relative to production or consumption in the Union, of the price of the dumped imports, in particular to assess whether there has been significant price undercutting as compared with the price of a like product of the Union industry, whether the effect is to depress prices or prevent price increases, of the impact on the Union industry concerned, in particular on production and the utilization of capacity, inventories, sales, market share, factors affecting prices, profits, return on investments, cash flow, or employment (Regulation No 2016/1036, Article 3). Taken individually, these factors are not necessarily determining . 

See Case T-97/95 Sinochem v Council [1998] ECR II-85, LawLex200900001353JBJ, which considers that a reduction in the market share of the dumped imports does not preclude the finding of a significant injury.

419. Principle