AND SU THAT, IF THERE IS ANY DEMAND FOR SUGAR FOR CONSUMPTION, THESE FIRMS WILL APPROACH RT IN ORDER TO ENSURE THAT THIS DEMAND IS MET AND RT UNDERTAKES TO DO BUSINESS THROUGH US', THAT IS TO SAY THROUGH EXPORT .
GROUNDS CONTINUED UNDER DOC.NUM : 673J0040.1
146 A TELEX MESSAGE OF 24 SEPTEMBER 1970 FROM JACOBSON TO EXPORT ( ANNEX I 87 TO THE STATEMENTS OF DEFENCE ) STATES THAT 'THE SUGAR OF WHICH WE HAVE TO TAKE DELIVERY IS INTENDED FOR PURCHASERS WHICH THE NETHERLANDS INDUSTRY WILL READILY AGREE CAN BE SUPPLIED '.
147 A TELEX MESSAGE FROM EXPORT TO JACOBSON OF 1 OCTOBER 1970, WHICH CONFIRMS A SALE ( ANNEX I 89 OF THE STATEMENTS OF DEFENCE ) STATES UNDER THE HEADING 'SPECIAL CLAUSES', THAT 'THE EXCLUSIVE RIGHT GRANTED BY RT' - THAT IS TO SAY THE EXCLUSIVE RIGHT TO SELL ITS GRANULATED SUGAR WHICH IT GRANTED EXPORT AND HOTTLET FOR THE 1970/71 MARKETING YEAR - 'DERIVES FROM AN UNDERTAKING GIVEN BY THE THREE OLD ESTABLISHED NETHERLANDS BUSINESS HOUSES THAT BELGIAN GRANULATED SUGAR COMPRISED IN THIS AND LATER CONTRACTS IN THE 1970/71 MARKETING YEAR WILL ONLY BE DELIVERED TO THE ULTIMATE TAKERS-PURCHASERS-CONSUMERS WHICH THE NETHERLANDS SUGAR INDUSTRY ( CSM - SU ) AGREES CAN BE SUPPLIED '.
( BB ) THE EVIDENCE RELATING TO THE QUESTION WHETHER THE CONDUCT REFERRED TO ABOVE WAS CONCERTED
148 SOME OF THE DOCUMENTS QUOTED ABOVE MENTION THE EXISTENCE OF A CONCERTED ACTION, NAMELY THE TELEX MESSAGE FROM EXPORT TO RT OF 20 AUGUST 1970, THE NOTE FROM EXPORT TO RT OF 3 SEPTEMBER 1970, THE TELEX MESSAGE FROM JACOBSON TO EXPORT OF 24 SEPTEMBER 1970, THE TELEX MESSAGE FROM EXPORT TO JACOBSON OF 1 OCTOBER 1970 AND THE CONFIRMATION OF PURCHASE SENT BY EXPORT TO RT ON 5 OCTOBER 1970 .
149 A REPORT OF A DISCUSSION BETWEEN REPRESENTATIVES OF RT AND EXPORT ON 20 APRIL DRAWN UP BY EXPORT ( ANNEX I 74 TO THE STATEMENTS OF DEFENCE ) MENTIONS 'OBLIGATIONS UNDERTAKEN BY RT WITHIN THE FRAMEWORK ... OF THE CONCERTED ACTION BETWEEN EUROPEAN REFINERS' BY VIRTUE OF WHICH 'A SERIES OF DIRECT TRANSACTIONS BETWEEN REFINERS TO THE PRODUCER' - THE LAST TWO WORDS SHOULD PROBABLY READ 'OR PRODUCERS' - 'CEASE TO FORM PART OF THE BUSINESS RELATIONS BETWEEN RT AND EXPORT' IN ... THE NETHERLANDS ( ON THE ONE HAND THE MANUFACTURE OF CSM TYPE LUMP SUGAR WITH IF NECESSARY EXCHANGE OF THE RAW MATERIAL OR A CERTIFICATE OF EXCHANGE, ON THE OTHER HAND, 'SUPPLYING GRANULATED SUGAR FOR INDUSTRIALISTS TO CUSTOMERS OF CSM/SU, AT THE REQUEST OF AND THROUGH THE LATTER )'.
150 IN A REPORT BY EXPORT DATED 6 MAY 1970 OF THE DISCUSSIONS BETWEEN REPRESENTATIVES OF THE SAME FIRMS ON 30 APRIL 1970 ( ANNEX I 76 TO THE STATEMENTS OF DEFENCE ) THERE IS THE SENTENCE 'THE BASIC PRINCIPLE ABOUT WHICH MR MAISIN' OF RT 'IS ADAMANT IS THE FOLLOWING ONE : EXPORT MUST ADOPT RT'S POLICY TOWARDS ITS EUROPEAN PARTNERS . HE DEFINES THIS POLICY