Price undertaking applicable to another group company

Price Undertakings

In such a case, if a negative determination of dumping or injury is made, the undertaking shall automatically lapse, except in cases where such a determination is due in large part to the existence of a price undertaking.

Duration and Review of Anti Dumping Duties and Price Undertakings

12.2.2 A public notice of conclusion or suspension of an investigation in the case of an affirmative determination providing for the imposition of a definitive duty or the acceptance of a price undertaking shall contain, or otherwise make available through a separate report, all relevant information on the matters of fact and law and reasons which have led to the imposition of final measures or the acceptance of a price undertaking, due regard being paid to the requirement for the protection of confidential information.

18.5 Price undertakings may be suggested by the authorities of the importing Member, but no exporter shall be forced to enter into such undertakings.

Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping.

11.5 The provisions of this Article shall apply mutatis mutandis to price undertakings accepted under Article 8.

Price increases under such undertakings shall not be higher than necessary to eliminate the amount of the subsidy.

(f) ` ex-works price` means the price paid for the product ex works to the manufacturer in the Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

` ex-works price` means the price paid for the product ex works to the manufacturer in Estonia or in Slovenia in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

(f) ` ex-works price` means the price paid for the product ex works to the manufacturer in an EFTA State or Slovenia in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

19 The word "may" shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 4.

(f) ` ex-works price` means the price paid for the product ex works to the manufacturer in the Community or in Slovenia in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;

8.2 Price undertakings shall not be sought or accepted from exporters unless the authorities of the importing Member have made a preliminary affirmative determination of dumping and injury caused by such dumping.

b. the beneficiary undertaking has the contractual right to acquire the stocks throughout the period of the contract and the methodology for establishing the price of such acquisition is specified in the contract;

8.1 Proceedings may[47] be suspended or terminated without the imposition of provisional measures or anti dumping duties upon receipt of satisfactory voluntary undertakings from any exporter to revise its prices or to cease exports to the area in question at dumped prices so that the authorities are satisfied that the injurious effect of the dumping is eliminated.

17.4 If the Member that requested consultations considers that the consultations pursuant to paragraph 3 have failed to achieve a mutually agreed solution, and if final action has been taken by the administering authorities of the importing Member to levy definitive anti dumping duties or to accept price undertakings, it may refer the matter to the Dispute Settlement Body ("DSB").

9.2 When an anti dumping duty is imposed in respect of any product, such anti dumping duty shall be collected in the appropriate amounts in each case, on a non discriminatory basis on imports of such product from all sources found to be dumped and causing injury, except as to imports from those sources from which price undertakings under the terms of this Agreement have been accepted.

The Pakistani exporting producers have presented a proposal for a price undertaking.

The large number of exporters would also render the monitoring of a price undertaking impracticable.

Under these circumstances, it was considered that a price undertaking was impracticable and could not be accepted,

Within the framework of these proceedings, the Commission, by Decision 2002/611/EC(5), accepted a price undertaking offered by the Indian company Kokan Synthetics & Chemicals Pvt.

Two Romanian exporting producers have offered price undertakings in accordance with Article 8(1) of the basic Regulation.

The price undertakings offered contain the same stipulations as the one that ceased to be valid on 9 January 2003 as a consequence of the ECJ Judgment.

However, this cannot be a criterion on which a dominant undertaking, and above all a public service provider, can base the price of this public service.

Undertakings in the present Member States shall retain the right to align their delivered prices in Greece on those charged there by third countries for the same products.

arrangements other than those referred to at (a) or (b), which provide for compliance with a reference price and which are in line with the Communitýs international undertakings.

In particular, Article 86 can apply to behaviour of dominant undertakings resulting in a refusal to supply, discrimination, restrictive tying clauses, unfair prices or other inequitable conditions.

It was also found that the proposed categories of the product concerned in respect of which an undertaking was offered were inappropriate since there would be a significant price variation within each of them.

The undertaking offered in the present case obliges the company concerned, inter alia, to export the product concerned to the Community at or above certain minimum import price levels (MIPs) specified therein.

The Commission had found that the recommendation amounted to a price agreement between undertakings under Article 85 of the Treaty which substantially restricted competition within the European Community (20).

the beneficiary undertaking has the contractual right to acquire the stocks throughout the period of the contract and the methodology for establishing the price of such acquisition is specified in the contract;

Notwithstanding Article 60 of the ECSC Treaty and its implementing provisions, Portuguese steel undertakings may apply, in the autonomous regions of the Azores and Madeira, until 31 December 1992, a cif port of destination price equal to a basing price in force on the mainland territory of the Portuguese Republic.

The company also undertakes not to circumvent the undertaking by making compensatory arrangements with any other party which causes the net price paid by the first independent customer in the Community to be below the MIPs.

Directive 97/33/EC laid down a range of obligations to be imposed on undertakings with significant market power, namely transparency, non-discrimination, accounting separation, access, and price control including cost orientation.

Quality and price are key factors in a competitive market and national regulatory authorities should be able to monitor achieved quality of service for undertakings which have been designated as having universal service obligations.

During a recent on-spot verification visit to the premises of Moravske to verify the accuracy and veracity of data submitted in the said quarterly reports, it was found that the company had breached its undertaking by establishing a compensation scheme which enabled some of its products subject to the undertaking to be sold in the Community at prices below the MIPs.

It is necessary to specify procedures for the acceptance of undertakings eliminating or offsetting the countervailable subsidies or unfair pricing practices and the injury caused in lieu of the imposition of provisional or definitive measures;

Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the Community industry.";

Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, if, after specific consultation of the Advisory Committee, it is satisfied that the injurious effect of the dumping is thereby eliminated.

not more than two undertakings are party thereto, and the agreements only: (a) restrict the freedom of one party to the contract in determining the prices or conditions of business upon which the goods which he has obtained from the other party to the contract may be resold; or

Price increases under such undertakings shall not be higher than is necessary to offset the amount of countervailable subsidies, and should be less than the amount of countervailable subsidies if such increases would be adequate to remove the injury to the Community industry.";

Until 31 December 1977, the prices charged by undertakings for sales of steel on the Irish market, reduced to their equivalent at the point chosen for their price list, may not be below the prices shown in the price list in question for comparable transactions, save when authorization has been given by the Commission, in agreement with the Government of Ireland, without prejudice to the last subparagraph of Article 60 (2) (b) of the ECSC Treaty.

In particular, technology transfer agreements containing certain severely anti-competitive restraints such as the fixing of prices charged to third parties should be excluded from the benefit of the block exemption established by this Regulation irrespective of the market shares of the undertakings concerned.

This assessment should take account in particular of the nature and characteristics of the products or services concerned, of the existence of entry barriers or of consumer preferences, of appreciable differences of the undertakings' market shares between the area concerned and neighbouring areas or of substantial price differences.