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Threat of injury

The community industry concerned with dumping or a subsidy includes producers within the EC who manufacture similar products.139 However, if a producer is a related undertaking of the exporter or importer of dumped or subsidised goods, the Community industry may exclude the related undertaking.140 This discretion is exercised by the Council or Commission.141 This discretion is given to prevent the associated undertaking hindering the balance of the industry making a complaint to the Commission pertaining to the alleged dumping or subsidy. If the related undertaking was in a dominant position and had to be considered as part of the Community industry during the investigation, the remaining undertakings may have problems showing the necessary interest to lodge a complaint. Further, the discretion may prevent the undertaking from gaining an advantage from the questioned behaviour because upon its exercise the dominant position of the undertaking is ignored when the Commission makes a finding of injury to the Community industry.