FOR NETHERLANDS SUGAR MANUFACTURERS EVENTUAL DEMANDS '.
155 FURTHER THE EXISTENCE OF A CONCERTED ACTION BETWEEN RT AND THE NETHERLANDS PRODUCERS IS ALSO SUPPORTED DIRECTLY AND INDIRECTLY BY CERTAIN OTHER DOCUMENTS ( LETTER FROM THE SUGAR MARKETING ORGANIZATION OF ANTWERP ( COMPTOIR SUCRIER D'ANVERS )) TO A NETHERLANDS CUSTOMER OF 3 SEPTEMBER 1968; INTERNAL MEMORANDUM OF EXPORT OF 23 APRIL 1970; TELEX MESSAGE FROM EXPORT TO RT OF 20 AUGUST 1970; TELEX MESSAGE FROM EXPORT TO RT OF 20 AUGUST 1970; MEMORANDUM FROM EXPORT TO RT OF 3 SEPTEMBER 1970; TELEX MESSAGE FROM JACOBSON TO EXPORT OF 24 AND 30 SEPTEMBER 1970; TELEX MESSAGE FROM EXPORT TO RT OF 14 AND 17 SEPTEMBER 1970; TELEX MESSAGE FROM EXPORT TO JACOBSON OF 1 OCTOBER 1970; CONFIRMATION OF A PURCHASE BY EXPORT TO NAVEAU OF 31 JULY 1970 : ANNEXES I 47, 75, 83, 86, 87, 89, 90, 108, 112, 128, 129 TO THE STATEMENTS OF DEFENCE ).
( B ) EVALUATION OF THIS EVIDENCE
( AA ) ITS EVIDENTIAL VALUE
156 RT SUBMITS THAT, ALTHOUGH THE BEFOREMENTIONED DOCUMENTS OF EXPORT CORRECTLY REPRODUCE THE STATEMENTS MADE BY RT TO THIS FIRM AND THE DOCUMENTS RELIED ON BY THE COMMISSION ARE 'DAMNING', THEY MUST NOT HOWEVER BE TAKEN 'LITERALLY '.
157 AS IN FACT EXPORT HAD UNSUCCESSFULLY TRIED TO OBTAIN FROM RT THE EXCLUSIVE RIGHT TO SELL RT'S SUGAR AND FEARED, WRONGLY, THAT IT WOULD BE GRADUALLY ELIMINATED FROM RT'S OPERATIONS, THE LATTER, IN ORDER TO REDUCE THE TENSION BETWEEN THESE TWO COMPANIES, 'DID NOT WANT TO EXPLAIN FRANKLY TO EXPORT THAT IT WAS IN ITS OWN INTERESTS TO ELIMINATE AGENTS IN CERTAIN TRANSACTIONS' SO THAT IT 'SEEMED COMMERCIALLY SPEAKING TO BE MORE ADVISABLE TO TAKE REFUGE BEHIND ITS FOREIGN COLLEAGUES '.
158 IF THE STATEMENTS IN QUESTION CORRESPONDED TO THE FACTS 'IT WOULD BE VERY NAIVE TO SUGGEST THAT AN UNDERTAKING LIKE ( RT ) CANNOT BE REASONABLY ASSUMED TO HAVE RECORDED THEM IN WRITING '.
159 SU AND CSM TOGETHER SUBMIT THAT CORRESPONDENCE BETWEEN THIRD PARTIES, NAMELY RT AND EXPORT, CANNOT BE USED AGAINST THEM AND IN PARTICULAR BECAUSE RT'S STATEMENTS AS TO THE NEED NOT TO UPSET NETHERLANDS PRODUCERS ARE BASED ON MERE SPECULATION BY RT AND BECAUSE EXPORT, OWING TO THE STRAINED RELATIONS BETWEEN ITSELF AND RT WHICH WERE A MATTER OF COMMON KNOWLEDGE, HAD OBVIOUSLY APPLIED ITSELF TO THE TASK OF PREPARING A CASE DETRIMENTAL TO THE LATTER .
160 ALTHOUGH THE DOCUMENTS IN QUESTION AS WELL AS THE OTHER DOCUMENTS PRODUCED FOR THE COURT'S FILE BY THE COMMISSION SHOW THAT RT AND EXPORT DISAGREED ON THE EXTENT OF THE AREA IN WHICH THE LATTER WAS TO BE ALLOWED TO OPERATE AND ON HOW MUCH FREEDOM OF ACTION IT SHOULD BE PERMITTED TO ENJOY, IT IS DIFFICULT TO ACCEPT THAT RT SIMPLY INVENTED WHAT IT SAID OR WROTE CONCERNING ITS RELATIONS WITH SU AND CSM .
161 SO FAR AS WHAT RT CALLS THE 'NAIVETY' OF ANY WRITTEN ADMISSION OF HAVING ENGAGED IN A CONCERTED ACTION AND ENDEAVOURED