ITS OTHER RIPENER/DISTRIBUTORS FROM SUPPORTING THE ADVERTISING OF OTHER BRAND NAMES AND THAT THE DETERRENT EFFECT OF THE SANCTION IMPOSED UPON ONE OF THEM WOULD MAKE ITS POSITION OF STRENGTH ON THE RELEVANT MARKET THAT MUCH MORE EFFECTIVE .
193SUCH A COURSE OF CONDUCT AMOUNTS THEREFORE TO A SERIOUS INTERFERENCE WITH THE INDEPENDENCE OF SMALL AND MEDIUM SIZED FIRMS IN THEIR COMMERCIAL RELATIONS WITH THE UNDERTAKING IN A DOMINANT POSITION AND THIS INDEPENDENCE IMPLIES THE RIGHT TO GIVE PREFERENCE TO COMPETITORS ' GOODS .
194IN THIS CASE THE ADOPTION OF SUCH A COURSE OF CONDUCT IS DESIGNED TO HAVE A SERIOUS ADVERSE EFFECT ON COMPETITION ON THE RELEVANT BANANA MARKET BY ONLY ALLOWING FIRMS DEPENDANT UPON THE DOMINANT UNDERTAKING TO STAY IN BUSINESS .
195THE APPLICANT ' S ARGUMENT THAT IN ITS VIEW THE 40% FALL IN THE PRICE OF BANANAS ON THE DANISH MARKET SHOWS THAT COMPETITION HAS NOT BEEN AFFECTED BY THE REFUSAL TO SUPPLY OLESEN CANNOT BE UPHELD .
196IN FACT THIS FALL IN PRICES WAS ONLY DUE TO THE VERY LIVELY COMPETITION - CALLED AT THE TIME THE ' ' BANANA WAR ' ' - IN WHICH THE TWO TRANSNATIONAL COMPANIES UBC AND CASTLE AND COOKE ENGAGED .
197THE APPLICANT SUBMITS THAT THE REFUSAL TO SUPPLY OLESEN COULD NOT HAVE ANY EFFECT ON INTRA-COMMUNITY TRADE BECAUSE IN ITS VIEW ALL THOSE BANANAS COMING FROM THIRD COUNTRIES ( LATIN AMERICA ) AND MERELY TRANSITING THE COMMON MARKET COUNTRIES BEFORE THEY REACH THE MEMBER STATE WHERE THEY ARE CONSUMED ARE NOT PART OF INTRA-COMMUNITY TRADE .
198IF THIS ARGUMENT WAS VALID THE WHOLE OF UBC ' S EUROPEAN TRADE IN GOODS OF THIRD COUNTRIES WOULD NOT BE GOVERNED BY COMMUNITY LAW .
199IN FACT WHEN OLESEN ' S SUPPLIES WERE CUT OFF IT WAS UNABLE TO BUY CHIQUITA BANANAS AT BREMERHAVEN AND THEREFORE HAD TO IMPORT INTO DENMARK THE SAME QUANTITIES OF BANANAS AS IT DID BEFORE THIS STEP WAS TAKEN .
200IT WAS FORCED TO BUY BANANAS BEARING OTHER BRAND NAMENS OUTSIDE DENMARK AND TO IMPORT THEM INTO DENMARK .
201FURTHERMORE , IF THE OCCUPIER OF A DOMINANT POSITION , ESTABLISHED IN THE COMMON MARKET , AIMS AT ELIMINATING A COMPETITOR WHO IS ALSO ESTABLISHED IN THE COMMON MARKET , IT IS IMMATERIAL WHETHER THIS BEHAVIOUR RELATES TO TRADE BETWEEN MEMBER STATES ONCE IT HAS BEEN SHOWN THAT SUCH ELIMINATION WILL HAVE REPERCUSSIONS ON THE PATTERNS OF COMPETITION IN THE COMMON MARKET .
202CONSEQUENTLY THE REFUSAL TO SUPPLY A LONG STANDING REGULAR CUSTOMER WHO BUYS WITH A VIEW TO RESELLING IN ANOTHER MEMBER STATE HAS AN INFLUENCE ON THE NORMAL MOVEMENT OF TRADE AND AN APPRECIABLE EFFECT ON TRADE BETWEEN MEMBER STATES .
203THE FINDING IN THE DECISION THAT UBC HAS INFRINGED ARTICLE 86 OF THE TREATY BY REFUSING TO SUPPLY OLESEN IS THEREFORE JUSTIFIED .
SECTION 2 - THE PRICING PRACTICE
PARAGRAPH 1 . DISCRIMINATORY PRICES
204ALL THE BANANAS MARKETED BY UBC UNDER THE BRAND NAME ' ' CHIQUITA ' ' ON THE RELEVANT MARKET HAVE