7Council Regulation (EC) No 1322/2004 of 16 July 2004 amending Regulation (EC) No 2320/97 imposing definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, Russia and Romania (OJ 2004 L 246, p. 10), includes, in particular, the following recitals:‘…(9) In Commission Decision 2003/382/EC [of 8 December 1999, concerning proceedings on the application of Article 81 of the EC Treaty (Case IV/E-1/35.860-B — Seamless steel tubes (OJ 1999 L 140, p. 1] (“the competition decision”), several Community producers were fined for involvement in two cases of infringement of Article 81(1) of the EC Treaty.(10) Following the adoption of the competition decision, it was initially considered that the potential link with Regulation (EC) No 2320/97 was not such as to require a re-examination of the conclusions in that Regulation. However, following the publication of the competition decision, one of the interested parties has raised the issue of the possible impact of the anti-competitive conduct on the anti-dumping measures in force, and has provided further information regarding issues related to the injury and causation findings of Regulation (EC) No 2320/97. This Regulation aims at examining whether the competition decision should have any consequences for the anti-dumping measures currently in force.…(19) Given that the overlap in the product scope, the companies involved and the time period of the two proceedings, is only partial, it has been found that the impact of this anti-competitive conduct has affected, to only a limited extent, the anti-dumping investigation on which the definitive duties imposed in 1997 were based. In addition, when excluding the data of the companies found to have infringed Article 81(1) of the EC Treaty, the results appear to remain comparable to those calculated on the basis of the data of the ten cooperating Community producers, including those participating in the abovementioned anti-competitive conduct, i.e. injurious dumping would still exist. Thus, it is highly unlikely that the anti-competitive behaviour of the Community producers has had a material impact on the original findings of the anti-dumping investigation. However, it cannot be confirmed with certainty that the overall market conditions would have been the same in the absence of this anti-competitive conduct.(20) In view of the above, it is considered appropriate to no longer apply the measures established by Regulation (EC) No 2320/97. This is in line with the principles of sound administration and good administrative practice. …’
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