26It is therefore apparent from Article 2(9) of the basic regulation that the Commission and the Council may treat the export price as unreliable in two cases, namely where there is an association between the exporter and the importer or a third party or a compensatory arrangement between the exporter and the importer or a third party. In any other case, where an export price exists, the institutions are required to base their determination of dumping on that price (Case T-88/98 Kundan and Tata v Council [2002] ECR II-4897, paragraph 49).
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