WAS, THEY CLAIM, INSPIRED BY A LEGITIMATE CONSIDERATION OF THE ADVANTAGE THAT WOULD ACCRUE TO IT OF EXPANDING ITS PRODUCTION TO INCLUDE THE MANUFACTURE OF FINISHED PRODUCTS AND NOT LIMITING ITSELF TO THAT OF RAW MATERIAL OR INTERMEDIATE PRODUCTS . IN PURSUANCE OF THIS POLICY IT DECIDED TO IMPROVE ITS PRODUCT AND NO LONGER TO SUPPLY AMINOBUTANOL SAVE IN RESPECT OF COMMITMENTS ALREADY ENTERED INTO BY ITS DISTRIBUTORS .
24 IT APPEARS FROM THE DOCUMENTS AND FROM THE HEARING THAT THE SUPPLIERS OF RAW MATERIAL ARE LIMITED, AS REGARDS THE EEC, TO ISTITUTO, WHICH, AS STATED IN THE CLAIM BY CSC, STARTED IN 1968 TO DEVELOP ITS OWN SPECIALITIES BASED ON ETHAMBUTOL, AND IN NOVEMBER 1969 OBTAINED THE APPROVAL OF THE ITALIAN GOVERNMENT NECESSARY FOR THE MANUFACTURE AND IN 1970 STARTED MANUFACTURING ITS OWN SPECIALITIES . WHEN ZOJA SOUGHT TO OBTAIN FURTHER SUPPLIES OF AMINOBUTANOL, IT RECEIVED A NEGATIVE REPLY . CSC HAD DECIDED TO LIMIT, IF NOT COMPLETELY TO CEASE, THE SUPPLY OF NITROPROPANE AND AMINOBUTANOL TO CERTAIN PARTIES IN ORDER TO FACILITATE ITS OWN ACCESS TO THE MARKET FOR THE DERIVATIVES .
25 HOWEVER, AN UNDERTAKING BEING IN A DOMINANT POSITION AS REGARDS THE PRODUCTION OF RAW MATERIAL AND THEREFORE ABLE TO CONTROL THE SUPPLY TO MANUFACTURERS OF DERIVATIVES, CANNOT, JUST BECAUSE IT DECIDES TO START MANUFACTURING THESE DERIVATIVES ( IN COMPETITION WITH ITS FORMER CUSTOMERS ) ACT IN SUCH A WAY AS TO ELIMINATE THEIR COMPETITION WHICH IN THE CASE IN QUESTION, WOULD AMOUNT TO ELIMINATING ONE OF THE PRINCIPAL MANUFACTURERS OF ETHAMBUTOL IN THE COMMON MARKET . SINCE SUCH CONDUCT IS CONTRARY TO THE OBJECTIVES EXPRESSED IN ARTICLE 3 ( F ) OF THE TREATY AND SET OUT IN GREATER DETAIL IN ARTICLES 85 AND 86, IT FOLLOWS THAT AN UNDERTAKING WHICH HAS A DOMINANT POSITION IN THE MARKET IN RAW MATERIALS AND WHICH, WITH THE OBJECT OF RESERVING SUCH RAW MATERIAL FOR MANUFACTURING ITS OWN DERIVATIVES, REFUSES TO SUPPLY A CUSTOMER, WHICH IS ITSELF A MANUFACTURER OF THESE DERIVATIVES, AND THEREFORE RISKS ELIMINATING ALL COMPETITION ON THE PART OF THIS CUSTOMER, IS ABUSING ITS DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 . IN THIS CONTEXT IT DOES NOT MATTER THAT THE UNDERTAKING CEASED TO SUPPLY IN THE SPRING OF 1970 BECAUSE OF THE CANCELLATION OF THE PURCHASES BY ZOJA, BECAUSE IT APPEARS FROM THE APPLICANTS' OWN STATEMENT THAT, WHEN THE SUPPLIES PROVIDED FOR IN THE CONTRACT HAD BEEN COMPLETED, THE SALE OF AMINOBUTANOL WOULD HAVE STOPPED IN ANY CASE .
26 IT IS ALSO UNNECESSARY TO EXAMINE, AS THE APPLICANTS HAVE ASKED, WHETHER ZOJA HAD AN URGENT NEED FOR AMINOBUTANOL IN 1970 AND 1971 OR WHETHER THIS COMPANY STILL HAD LARGE QUANTITIES OF THIS PRODUCT WHICH WOULD ENABLE IT TO REORGANIZE ITS PRODUCTION IN GOOD TIME, SINCE THAT QUESTION IS NOT RELEVANT TO THE CONSIDERATION OF THE CONDUCT OF THE APPLICANTS .
27 FINALLY CSC STATES THAT ITS PRODUCTION OF NITROPROPANE AND AMINOBUTANOL OUGHT TO BE CONSIDERED IN THE CONTEXT OF NITRATION OF PARAFFIN,