OF ABUSE OF A DOMINANT POSITION IN RESPECT OF ABG .
FOR THIS PURPOSE , ABUSE WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY MAY BE DEFINED AS ANY ACTION OF AN UNDERTAKING IN A DOMINANT POSITION WHICH REDUCES SUPPLIES TO COMPARABLE PURCHASERS IN DIFFERENT WAYS WITHOUT OBJECTIVE JUSTIFICATION , AND THEREBY PUTS CERTAIN OF THEM AT A COMPETITIVE DISADVANTAGE TO OTHERS , PARTICULARLY WHERE SUCH ACTION CAN RESULT IN CHANGES IN THE STRUCTURES OF THE PARTICULAR MARKET .
IF IT IS TO BE SAFE FROM THE ACCUSATION OF ABUSE UNDER ARTICLE 86 , A DOMINANT UNDERTAKING MUST ALLOCATE ANY AVAILABLE QUANTITIES TO ITS SEVERAL BUYERS ON AN EQUITABLE BASIS .
WHEN THERE IS A GENERAL SUPPLY CRISIS , AN INDEPENDENT COMPANY DEPENDS PRIMARILY ON ITS REGULAR SUPPLIERS .
IN ORDER TO CALCULATE THE CUST MADE IN SUPPLIES TO EACH BUYER DURING THE PERIOD OF SCARCITY , THE SAME REFERENCE PERIOD MUST BE CHOSEN FOR ALL BUYERS ; IT MUST BE A RECENT PERIOD , YET LONG ENOUGH TO REFELCT SEASONAL VARIATIONS ON THE MARKET . IT SHOULD ALSO TAKE ACCOUNT OF THE LATEST CHANGES IN DEALINGS BETWEEN BUYERS AND SELLERS IN THE PETROL MARKET .
REFERENCE BACK TO THE PRECEDING YEAR SATISFIES THESE REQUIREMENTS .
OF THE COMPANIES REFINING OR HAVING OIL REFINED IN THE NETHERLANDS , ONLY BP , CHEVRON , SHELL AND GULF SUPPLIED ABG WITH MOTOR SPIRIT DURING THE PRE-CRISIS 12-MONTH PERIOD .
BRITISH PETROLEUM RAFFINADERIJ NEDERLAND NV , BENZINE EN PETROLEUM HANDELMAATSCHAPPIJ BV AND BRITISH PETROLEUM MAATSCHAPPIJ NEDERLAND BV , TOGETHER WITH OTHER SUBSIDIARY COMPANIES , CONSTITUTE THE SINGLE ECONOMIC ENTITY KNOWN AS THE BP GROUP , WHICH IS AN UNDERTAKING FOR THE PURPOSES OF ARTICLE 86 OF THE EEC TREATY .
FOR SEVERAL YEARS BEFORE THE CRISIS BP HAD BEEN ABG'S CHIEF SUPPLIER OF MOTOR SPIRIT , AND THIS GAVE IT THE ADVANTAGE OF HAVING A MAJOR CUSTOMER FOR ITS MOTOR SPIRIT DURING A PERIOD WHEN PRODUCTION WAS IN SURPLUS .
DURING THE 12-MONTH PERIOD PRIOR TO 1 NOVEMBER 1973 , BP ACCOUNTED ON AVERAGE FOR MORE THAN 80 % OF ABG'S TOTAL PURCHASES OF MOTOR SPIRIT . THAT TRADING RELATIONS BETWEEN BP AND ABG WERE CLOSE IS ILLUSTRATED BY THE FACT THAT BP EVEN SUPPLIED ABG WITH MOTOR SPIRIT BY WAY OF AN ADVANCE AGAINST THE PROSPECT OF RECEIVING QUANTITIES OF CRUDE OIL WHICH ABG WAS TO DELIVER LATER TO BP'S INSTALLATIONS FOR REFINING . WHEN THE OIL CRISIS BEGAN , ABG WAS THUS IN THE POSITION OF BEING ONE OF BP'S REGULAR AND LONG-STANDING CUSTOMERS WHOSE DELIVERIES WERE SUBSTANTIALLY REDUCED BY ITS CHIEF SUPPLIER .
FURTHER , SUPPLIES FROM BP TO ABG WERE PROPORTIONATELY CUT BACK FAR MORE SHARPLY THAN SUPPLIES TO BP'S OTHER CUSTOMERS . DURING THE FIVE MONTHS OF THE CRISIS , BY COMPARISON WITH THE AVERAGE OF THE 12 MONTHS PRECEDING THE CRISIS , BP ON AVERAGE REDUCED ITS DELIVERIES DURING THE CRISIS , TO " CONTRACTUAL " CUSTOMERS OTHER THAN ABG BY 13 % ; TO "