OF IMPORTS THEREOF .
18THE APPLICANT CONCLUDES FROM THESE FINDINGS THAT BANANAS AND OTHER FRESH FRUIT FORM ONLY ONE MARKET AND THAT UBC ' S OPERATIONS SHOULD HAVE BEEN EXAMINED IN THIS CONTEXT FOR THE PURPOSE OF ANY APPLICATION OF ARTICLE 86 OF THE TREATY .
19THE COMMISSION MAINTAINS THAT THERE IS A DEMAND FOR BANANAS WHICH IS DISTINCT FROM THE DEMAND FOR OTHER FRESH FRUIT ESPECIALLY AS THE BANANA IS A VERY IMPORTANT PART OF THE DIET OF CERTAIN SECTIONS OF THE COMMUNITY .
20THE SPECIFIC QUALITIES OF THE BANANA INFLUENCE CUSTOMER PREFERENCE AND INDUCE HIM NOT TO READILY ACCEPT OTHER FRUITS AS A SUBSTITUTE .
21THE COMMISSION DRAWS THE CONCLUSION FROM THE STUDIES QUOTED BY THE APPLICANT THAT THE INFLUENCE OF THE PRICES AND AVAILABILITIES OF OTHER TYPES OF FRUIT ON THE PRICES AND AVAILABILITIES OF BANANAS ON THE RELEVANT MARKET IS VERY INEFFECTIVE AND THAT THESE EFFECTS ARE TOO BRIEF AND TOO SPASMODIC FOR SUCH OTHER FRUIT TO BE REGARDED AS FORMING PART OF THE SAME MARKET AS BANANAS OR AS A SUBSTITUTE THEREFOR .
22FOR THE BANANA TO BE REGARDED AS FORMING A MARKET WHICH IS SUFFICIENTLY DIFFERENTIATED FROM OTHER FRUIT MARKETS IT MUST BE POSSIBLE FOR IT TO BE SINGLED OUT BY SUCH SPECIAL FEATURES DISTINGUISHING IT FROM OTHER FRUITS THAT IT IS ONLY TO A LIMITED EXTENT INTERCHANGEABLE WITH THEM AND IS ONLY EXPOSED TO THEIR COMPETITION IN A WAY THAT IS HARDLY PERCEPTIBLE .
23THE RIPENING OF BANANAS TAKES PLACE THE WHOLE YEAR ROUND WITHOUT ANY SEASON HAVING TO BE TAKEN INTO ACCOUNT .
24THROUGHOUT THE YEAR PRODUCTION EXCEEDS DEMAND AND CAN SATISFY IT AT ANY TIME .
25OWING TO THIS PARTICULAR FEATURE THE BANANA IS A PRIVILEGED FRUIT AND ITS PRODUCTION AND MARKETING CAN BE ADAPTED TO THE SEASONAL FLUCTUATIONS OF OTHER FRESH FRUIT WHICH ARE KNOWN AND CAN BE COMPUTED .
26THERE IS NO UNAVOIDABLE SEASONAL SUBSTITUTION SINCE THE CONSUMER CAN OBTAIN THIS FRUIT ALL THE YEAR ROUND .
27SINCE THE BANANA IS A FRUIT WHICH IS ALWAYS AVAILABLE IN SUFFICIENT QUANTITIES THE QUESTION WHETHER IT CAN BE REPLACED BY OTHER FRUITS MUST BE DETERMINED OVER THE WHOLE OF THE YEAR FOR THE PURPOSE OF ASCERTAINING THE DEGREE OF COMPETITION BETWEEN IT AND OTHER FRESH FRUIT .
28THE STUDIES OF THE BANANA MARKET ON THE COURT ' S FILE SHOW THAT ON THE LATTER MARKET THERE IS NO SIGNIFICANT LONG TERM CROSS-ELASTICITY ANY MORE THAN - AS HAS BEEN MENTIONED - THERE IS ANY SEASONAL SUBSTITUTABILITY IN GENERAL BETWEEN THE BANANA AND ALL THE SEASONAL FRUITS , AS THIS ONLY EXISTS BETWEEN THE BANANA AND TWO FRUITS ( PEACHES AND TABLE GRAPES ) IN ONE OF THE COUNTRIES ( WEST GERMANY ) OF THE RELEVANT GEOGRAPHIC MARKET .
29AS FAR AS CONCERNS THE TWO FRUITS AVAILABLE THROUGHOUT THE YEAR ( ORANGES AND APPLES ) THE FIRST ARE NOT INTERCHANGEABLE AND IN THE CASE OF THE SECOND THERE IS ONLY A RELATIVE DEGREE OF SUBSTITUTABILITY .
30THIS SMALL DEGREE OF SUBSTITUTABILITY IS