PRICE, EVEN IF IT IS IN LINE ( AND SPECIALLY FOR THAT REASON ) WITH THE GERMAN INTERNAL PRICE, PFEIFER UND LANGEN GERMAN CLIENTS WILL HAVE PRACTICALLY NO INTEREST AT ALL TO CHANGE OF SUPPLIERS '.
261 IT EMERGES FROM A SERIES OF TELEX MESSAGES FOLLOWING THIS CORRESPONDENCE AND EXCHANGED BETWEEN 14 AND 21 SEPTEMBER - NAMELY FIVE FROM EXPORT TO RT, ONE FROM EXPORT TO THE SAID GERMAN DEALER AND ONE FROM RT TO EXPORT ( ANNEXES I 108 TO 112, 114, 115 TO THE STATEMENTS OF DEFENCE ) - WHEN THEY ARE READ TOGETHER THAT :
- EXPORT ENDEAVOURED TO PERSUADE RT TO MEET THE GERMAN DEALER'S REQUEST THROUGH ITS AGENT .
- MR ROLIN ( OF RT ) TOLD MR LEMAIRE ( OF EXPORT ) THAT HE WISHED 'TO DO NOTHING WHICH WOULD DISTURB THE PATTERN OF THE GERMAN SUGAR MARKET SO FAR AS PFEIFER UND LANGEN'S CUSTOMERS ( IN THE RHINELAND AND THE BELGIAN FRONTIER REGION ) ARE CONCERNED'; CONSIDERED THAT 'THE GERMAN PRICE ... CORRESPONDS TO BFRS 1 180 PER 100 KG ( ACCORDING TO INFORMATION WITH WHICH PFEIFER UND LANGEN SUPPLIED HIM )'; BROUGHT DOWN 'THIS EX-BELGIAN SUGAR FACTORY PRICE IN THE FOLLOWING WAY' ( CALCULATIONS THEN FOLLOW THEIR RESULT BEING THAT THE SUGAR IS OFFERED AT BFRS 1 120 EX-BELGIAN SUGAR FACTORIES ).
- AFTER LONG DISCUSSIONS AN AGREEMENT WAS CONCLUDED BETWEEN EXPORT AND RT ON THE BASIS OF BFRS 1 100, BUT IT CAME TOO LATE WITH THE RESULT THAT THE DEAL NEVER MATERIALIZED .
- WITH REGARD TO RT EXPORT REFERS TO ITS 'SUCCESSIVE REFUSALS BASED ON THE PRINCIPLES IT HAS ADOPTED FOR INTRA-COMMUNITY SALES OF SUGAR' AND ALSO TO ITS INTENTION 'ALREADY MENTIONED BY MR ROLIN TO BARON KRONACKER ( OF EXPORT ) ( MEMORANDUM ON THE CONVERSATION ... OF 31 AUGUST 1970 ON THE AGREEMENT BY GERMAN MANUFACTURERS - PFEIFER UND LANGEN KOELN - NOT TO BUY SUGAR BEET FROM THE BELGIAN SUGAR FACTORY AT LIERS ) AND TO MR LEMAIRE NOT TO DO ANYTHING WHICH MAY DISTURB THE PATTERN OF THE GERMAN SUGAR MARKET '.
- EXPORT COMPLAINED THAT, FOLLOWING INFORMATION WHICH REACHED IT FROM GERMANY, RT HAD IN THE MEANTIME SOLD TO PFEIFER UND LANGEN AT A PRICE BELOW THAT OFFERED BY EXPORT .
262 IT IS EVIDENT FROM A SERIES OF CONFIRMATIONS OF OR OFFERS TO PURCHASE SENT EITHER BY EXPORT OR HOTTLET TO BELGIAN PRODUCERS ( RT, COUPLET, OREYE ) OR BY OREYE TO EXPORT ( ANNEXES I 55, 91, 92, 113, 119 TO THE STATEMENTS OF DEFENCE ) BETWEEN 17 SEPTEMBER 1969 AND 7 OCTOBER 1970 THAT THESE PRODUCERS ASKED IN THE CASE OF SALES TO GERMANY A HIGHER EX WORKS PRICE THAN THAT WHICH THEY WERE WILLING TO ACCEPT IN THE CASE OF SUGAR TO BE SOLD ELSEWHERE ( BFRS 1 100 PER 100 KG INSTEAD OF BFRS 1 092.50 ACCORDING TO A LETTER FROM OREYE TO EXPORT OF 7 OCTOBER 1970 ).
( CC ) REFUSAL TO SELL
263 LA SUCRERIE ET