Judgment_paragraph 167 · China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission (C-478/21 P)

167Accordingly, in order to ensure that the analysis of price undercutting is objective, the Commission may, in certain circumstances, be required, notwithstanding its broad discretion, to carry out such an analysis at the level of the market segments of the product in question. The same may be the case in a situation where there is marked segmentation of the market for the product in question and due to the fact that the imports subject to the anti-dumping investigation were overwhelmingly concentrated in one of the market segments relating to the product in question, provided, however, that the like product as a whole is duly taken into account. The same may also be the case where there is a particular situation characterised by a high concentration of domestic sales and dumped imports in separate segments and by price differences which are very significant between those segments. In those circumstances, the Commission may be required to take account of the market shares of each product type and those price differences in order to ensure the objectivity of the analysis of the existence of price undercutting (see, to that effect, judgment of 20 January 2022, Commission v Hubei Xinyegang Special Tube, C‑891/19 P, EU:C:2022:38, paragraphs 78 to 81, 110 and 111).