THE SAME GEOGROPHIC ORIGIN , BELONG TO THE SAME VARIETY ( CAVENDISH VALERY ) AND ARE OF ALMOST THE SAME QUALITY .
205THEY ARE UNLOADED IN TWO PORTS , ROTTERDAM AND BREMERHAVEN , WHERE UNLOADING COSTS ONLY DIFFER BY A FEW CENTS IN THE DOLLAR PER BOX OF 20 KILOGRAMMES , AND ARE RESOLD , EXCEPT TO SCIPIO AND IN IRELAND , SUBJECT TO THE SAME CONDITIONS OF SALE AND TERMS OF PAYMENT AFTER THEY HAVE BEEN LOADED ON THE BUYERS ' WAGONS OR LORRIES , THE PRICE OF A BOX AMOUNTING ON AVERAGE TO BETWEEN 3 AND 4 DOLLARS AND GOING UP TO 5 DOLLARS IN 1974 .
206THE COSTS OF CARRIAGE FROM THE UNLOADING PORTS TO THE RIPENING INSTALLATIONS AND THE AMOUNT OF ANY DUTY PAYABLE UNDER THE COMMON CUSTOMS TARIFF ARE BORNE BY THE PURCHASER EXCEPT IN IRELAND .
207THIS BEING SO ALL THOSE CUSTOMERS GOING TO ROTTERDAM AND BREMERHAVEN TO OBTAIN THEIR SUPPLIES MIGHT BE EXPECTED TO FIND THAT UBC OFFERS THEM ALL THE SAME SELLING PRICE FOR ' ' CHIQUITA ' ' BANANAS .
208THE COMMISSION BLAMES THE APPLICANT FOR CHARGING EACH WEEK FOR THE SALE OF ITS BRANDED BANANAS - WITHOUT OBJECTIVE JUSTIFICATION - A SELLING PRICE WHICH DIFFERS APPRECIABLY ACCORDING TO THE MEMBER STATE WHERE ITS CUSTOMERS ARE ESTABLISHED .
209THIS POLICY OF CHARGING DIFFERING PRICES ACCORDING TO THE MEMBER STATES FOR WHICH THE BANANAS ARE INTENDED HAS BEEN APPLIED AT LEAST SINCE 1971 IN THE CASE OF CUSTOMERS OF THE FEDERAL REPUBLIC OF GERMANY , THE NETHERLANDS AND THE BLEU AND WAS EXTENDED IN JANUARY 1973 TO CUSTOMERS IN DENMARK AND IN NOVEMBER 1973 TO CUSTOMERS IN IRELAND .
210THE MAXIMUM WEEKLY DIFFERENCES RECORDED BETWEEN TWO DESTINATIONS WERE ON AVERAGE DURING THE WHOLE OF 1971 , 17.6% - IN 1972 , 11.3% - IN 1973 , 14.5% - IN 1974 , 13.5% .
211THE HIGHEST WEEKLY DIFFERENCES ( PER BOX ) WERE RESPECTIVELY BETWEEN CUSTOMERS IN GERMANY ON THE ONE HAND AND BELGO-LUXEMBOURG AND NETHERLANDS CUSTOMERS ON THE OTHER HAND :
- IN 1971 : 32% AND 37%
- IN 1972 : 21% AND 30%
- IN 1973 : 18% AND 43%
- IN 1974 : 25% AND 54%
AND BETWEEN CUSTOMERS IN DENMARK ON THE ONE HAND AND BELGO-LUXEMBOURG AND NETHERLANDS CUSTOMERS ON THE OTHER HAND :
- IN 1973 : 24% AND 54%
- IN 1974 : 16% AND 12%
212THE PRICE CUSTOMERS IN BELGIUM ARE ASKED TO PAY IS ON AVERAGE 80% HIGHER THAN THAT PAID BY CUSTOMERS IN IRELAND .
213THE GREATEST DIFFERENCE IN PRICE IS 138% BETWEEN THE DELIVERED ROTTERDAM PRICE CHARGED BY UBC TO ITS CUSTOMERS IN IRELAND AND THE F.O.R . BREMERHAVEN PRICE CHARGED BY UBC TO ITS CUSTOMERS IN DENMARK , THAT IS TO SAY THE PRICE PAID BY DANISH CUSTOMERS IS 2.38 TIMES THE PRICE PAID BY IRISH CUSTOMERS .
214THE COMMISSION TREATS THESE FACTS AS AN ABUSE OF A DOMINANT POSITION IN THAT UBC HAS APPLIED DISSIMILAR CONDITIONS TO EQUIVALENT TRANSACTIONS WITH