Common use of The Commission’s Analysis Clause in Contracts

The Commission’s Analysis. The Commission places more emphasis on 2019 data as compared to data from 2020 and 2021 as the data during those years were significantly affected by the COVID-19 pandemic and do not reflect the usual market conditions. The Commission considers data from 2019 as more accurately reflecting post-COVID-19 market conditions. Therefore, the Commission places more reliance on data from 2017 and 2019 to indicate pre-JVA and post-JVA periods, respectively, in conducting its analysis to verify the Parties’ claims. Nevertheless, the Commission had also considered 2020 – 2021 data and took into account significant trends occurring during the period in the Commission’s analysis.