GOT THE BELGIAN DEALERS TO CHANNEL TO THE CONSIGNEES AND DESTINATIONS REFERRED TO ABOVE, WOULD HAVE BEEN SUPPLIED TO OTHER CUSTOMERS ESTABLISHED IN THE NETHERLANDS IN COMPETITION WITH NETHERLANDS PRODUCERS .
197 AN AFFIRMATIVE ANSWER TO THIS QUESTION IS GIVEN BY SOME OF THE DOCUMENTS QUOTED WHICH SHOW THAT, IF RT HAD NOT IMPOSED ITS RESTRICTIVE POLICY ON BELGIAN DEALERS, THEY WOULD HAVE BEEN ABLE AND WILLING TO MAKE SUCH DELIVERIES IN NOT INCONSIDERABLE QUANTITIES .
198 ALL THESE CONSIDERATIONS SHOW THAT RT, SU AND CSM HAVE ENGAGED IN CONCERTED PRACTICES WHICH AFFECTED TRADE BETWEEN MEMBER STATES AND APPRECIABLY INTERFERED WITH COMPETITION, AND HAVE THEREFORE INFRINGED ARTICLE 85 OF THE TREATY .
B - THE RELATIONS BETWEEN PFEIFER UND LANGEN, ON THE ONE HAND, AND SU AND CSM ON THE OTHER HAND
199 SINCE PFEIFER UND LANGEN DENIES THAT IT ALSO CONCERTED ITS COMMERCIAL POLICY WITH SU AND CSM, IT IS ADVISABLE TO CONSIDER WHETHER THE FACTS AND THE DOCUMENTS UPON WHICH THE COMMISSION RELIES PROVE THAT THERE WAS SUCH AN INFRINGEMENT FOR THE PERIOD COMMENCING 1 JULY 1970 WHICH ALONE IS THE RELEVANT PERIOD IN THESE PROCEEDINGS .
200 THE COMMISSION TAKES THE VIEW THAT THE CONCERTED ACTION IS ESTABLISHED, ON THE ONE HAND, BY CERTAIN DOCUMENTS PRODUCED FOR THE COURT'S FILE AND, ON THE OTHER HAND, BY THE VERY LARGE SUPPLIES BY THE COMPANY TO NETHERLANDS PRODUCERS WHEREAS THE QUANTITY OF SUGAR SUPPLIED TO OTHER NETHERLANDS CUSTOMERS WAS MINIMAL .
201 ( A ) AFTER EXTRACTING FROM THE SAID DOCUMENTS THOSE WHICH WERE STRAIGHT AWAY FOUND TO HAVE NO RELEVANCE TO THE COMPLAINT AS SET OUT IN THE OPERATIVE PART OF THE CONTESTED DECISION THERE ARE LEFT TWO INTERNAL MEMORANDA AND 'A NOTE' DRAWN UP BY EXPORT ON 23 APRIL AND 6 MAY 1970 GIVING A REPORT OF DISCUSSIONS BETWEEN THIS FIRM AND RT ( ANNEXES I 74 TO 76 TO THE STATEMENTS OF DEFENCE ).
202 THESE DOCUMENTS RELIED ON BY THE COMMISSION IN THE PRESENT CONTEXT TO PROVE THE REFUSALS BY PFEIFER UND LANGEN TO SUPPLY NETHERLANDS CUSTOMERS WHO WERE NOT PRODUCERS, ONLY REFER SPECIFICALLY TO THE RELATIONS BETWEEN EXPORT AND RT AND ALSO BETWEEN BELGIAN OPERATORS, ON THE ONE HAND, AND POSSIBLE FRENCH, GERMAN, NETHERLANDS AND ITALIAN CUSTOMERS, ON THE OTHER HAND, AND DO NOT REFER AT ALL TO THE COURSE OF CONDUCT ADOPTED OR TO BE ADOPTED ON THE NETHERLANDS MARKET BY GERMAN PRODUCERS .
203 TO THE EXTENT TO WHICH THE SAID DOCUMENTS REFER TO COOPERATION ON A MUCH LARGER SCALE THROUGHOUT THE WHOLE OF THE COMMUNITY THE EXPRESSIONS USED BY EXPORT 'THE CONCERTED ACTION BETWEEN EUROPEAN REFINERS' AND 'TIRLEMONT ENTERED INTO AN AGREEMENT WITH THE OTHER REFINERS OF THE COMMON MARKET UNDER WHICH THEY GRANTED EACH OTHER EXCLUSIVE RIGHTS, AND THIS AGREEMENT SHOWS THAT MARKETING IN THE COUNTRY OF DESTINATION IS RESERVED TO THE REFINERS OF THAT COUNTRY' - WITHOUT PREJUDICE TO THEIR POSSIBLE RELEVANCE IN OTHER CONTEXTS, - APPEAR TO BE TOO VAGUE AND GENERAL EVEN TO CONSTITUTE EVIDENCE OF A