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| 36. | Where only some of the suppliers have the ability and incentive to switch production and offer the products effectively in the short term and would do so, it is not appropriate to include the product range in the same relevant market (60). When carrying out the competitive assessment, the Commission nevertheless takes into account the competitive constraint exercised by those suppliers that meet the conditions, including whether they are likely to expand their sales of the relevant products in the future when the case calls for a forward-looking assessment. An example of this approach is the Commission’s assessment of the market for metallic coated steel (61). The Commission concluded that the conditions for supply substitution regarding tinplate and electrolytically coated chromium steel were not met in that case because only one competing supplier was able to produce those products on the same production line and because producing both products on ‘swing lines’ capable of switching did not play a material role in the market. However, the Commission took into account the constraint exerted by the supplier that was able to produce tinplate and electrolytically coated chromium steel on ‘swing lines’ in its competitive assessment.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.