THE SPECIFICATIONS HAVE SUBSEQUENTLY BEEN NOTIFIED TO THE COMPETENT AUTHORITY , AND THAT IT LOSES ITS VALIDITY ONLY FOR VEHICLES TO WHICH NON-NOTIFIED ALTERATIONS HAVE BEEN MADE . SINCE BL CEASED TO NOTIFY THE ALTERATIONS MADE TO ITS LEFT-HAND-DRIVE METROS IN OCTOBER 1981 , IT COULD THEREFORE VALIDLY ISSUE CERTIFICATES OF CONFORMITY BOTH FOR VEHICLES MANUFACTURED BEFORE THAT DATE AND FOR VEHICLES MANUFACTURED AFTER THAT DATE TO WHICH NO NON-NOTIFIED ALTERATIONS HAD BEEN MADE IN RELATION TO THE PREVIOUSLY APPROVED TYPE VEHICLE .
23 IN ORDER TO SATISFY ITSELF THAT IT WAS ENTITLED TO ISSUE CERTIFICATES OF CONFORMITY BL NEED ONLY HAVE REQUESTED THE CHASSIS NUMBERS IDENTIFYING THE VEHICLES AND CHECKED THE DATE OF MANUFACTURE SO AS TO DETERMINE WHETHER NON-NOTIFIED ALTERATIONS HAD BEEN MADE TO THE VEHICLES . IT IS CLEAR FROM AN EXAMINATION OF THE APPLICATIONS SUBMITTED TO BL BY TRADERS THAT , IN AT LEAST FOUR CASES , BL MIGHT HAVE CONCLUDED THAT THE CARS WERE STILL COVERED BY THE NTA CERTIFICATE . BL GAVE EVASIVE REPLIES , LEAVING THE TRADERS UNCERTAIN AS TO THE FORMALITIES WHICH HAD TO BE COMPLETED , SO AS TO DISCOURAGE THEM FROM RE-IMPORTING VEHICLES . IT IS CLEAR FROM BL ' S REPLIES THAT IT DELIBERATELY REFUSED , IF NOT TO ISSUE THE CERTIFICATES OF CONFORMITY WHICH WERE PERHAPS NOT ALWAYS CLEARLY AND EXPRESSLY REQUESTED , AT LEAST TO COMMUNICATE THE INFORMATION AND TO PROVIDE THE SERVICES NECESSARY FOR REGISTERING THE VEHICLE WHICH , UNDER THE BRITISH RULES , IT ALONE WAS IN A POSITION TO SUPPLY TO THE DEALERS .
24 IT FOLLOWS FROM THE FOREGOING THAT BL ' S CONDUCT CAN ONLY BE CONSTRUED AS THE MANIFESTATION OF A DELIBERATE INTENTION ON ITS PART TO CREATE BARRIERS TO RE-IMPORTATIONS WHICH COME INTO COMPETITION WITH ITS APPROVED DISTRIBUTORS . THAT CONDUCT MUST THEREFORE BE REGARDED AS AN ABUSE OF A DOMINANT POSITION .
( C ) THE EXCESSIVE NATURE OF THE FEES
25 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT BL INITIALLY CHARGED A SINGLE FEE OF UKL 25 FOR BOTH RIGHT-HAND-DRIVE AND LEFT-HAND-DRIVE METROS FOR THE ISSUE OF CERTIFICATES OF CONFORMITY . IT LEFT THAT AMOUNT UNCHANGED FOR RIGHT-HAND-DRIVE VEHICLES , BUT ON 1 JULY 1981 IT INCREASED THE FEE FOR LEFT-HAND-DRIVE VEHICLES TO UKL 150 FOR DEALERS AND UKL 100 FOR PRIVATE INDIVIDUALS . ON 16 MARCH 1983 BL INTRODUCED A UNIFORM FEE OF UKL 100 FOLLOWING THE COMMISSION ' S CRITICISM IN ITS STATEMENT OF OBJECTIONS OF 17 JULY 1982 THAT THE UKL 150 FEE WAS TOO HIGH . SINCE THESE PROCEEDINGS WERE BROUGHT , THAT AMOUNT HAS BEEN REDUCED TO UKL 50 .
26 BL DENIES THAT BY CHARGING A FEE OF UKL 150 OR UKL 100 IT ABUSED A DOMINANT POSITION .
27 AS THE COURT HELD IN ITS JUDGMENT IN GENERAL MOTORS ( CITED ABOVE ), AN UNDERTAKING ABUSES ITS DOMINANT POSITION WHERE IT HAS AN ADMINISTRATIVE MONOPOLY AND CHARGES FOR ITS SERVICES FEES WHICH ARE DISPROPORTIONATE TO THE ECONOMIC VALUE OF