Judgment_paragraph 197 · China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission (C-478/21 P)

197Accordingly, the Commission’s exercise of its broad discretion in deciding on the method to be used for analysing price undercutting may have the inevitable consequence, as is the case of the PCN method, that certain product types cannot be compared and, therefore, are not taken into account in that analysis. The exercise of that discretion is, however, limited by the obligation, imposed on the Commission by Article 3(2) of the basic regulation, to carry out an objective examination of the effects of dumped imports on the Union industry prices (see, to that effect, judgment of 20 January 2022, Commission v Hubei Xinyegang Special Tube, C‑891/19 P, EU:C:2022:38, paragraph 158).