The EU Court of Justice sets the conditions under which margin squeeze can be seen as an abuse of dominance under Article 102 of the TFUE (Industrie des Poudres Sphériques)

Case T-5/97 Industrie des Poudres Sphériques SA v Commission of the European Communities* 1. The imposition of a specific duty, as opposed to fixing the duty by reference to a threshold import price, makes it possible to minimise the risk of duties being evaded by manipulations of prices, since the amount of duty levied is not reduced if exporters reduce their prices. That method of proceeding enables a minimum price to be guaranteed for the product affected by the anti-dumping duty in the Community, while allowing imports at fair prices, that is, prices which enable a Community producer to realise an adequate profit margin. (see para. 52) 2. Under the

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