THE OTHER TRADING PARTIES , THEREBY PLACING THEM AT A COMPETITIVE DISADVANTAGE .
215THE APPLICANT STATES THAT ITS PRICES ARE DETERMINED BY MARKET FORCES AND CANNOT THEREFORE BE DISCRIMINATORY .
216FURTHER THE AVERAGE DIFFERENCE IN THE PRICE OF ' ' CHIQUITA ' ' BANANAS BETWEEN THE NATIONAL MARKETS IN QUESTION WAS ONLY 5% IN 1975 .
217THE PRICE IN ANY GIVEN WEEK IS CALCULATED SO AS TO REFLECT AS MUCH AS POSSIBLE THE ANTICIPATED YELLOW MARKET PRICE IN THE FOLLOWING WEEK FOR EACH NATIONAL MARKET .
218THIS PRICE IS FIXED BY THE ROTTERDAM MANAGEMENT AFTER DISCUSSIONS AND NEGOTIATIONS BETWEEN THE APPLICANT ' S LOCAL REPRESENTATIVES AND THE RIPENER / DISTRIBUTORS MUST PERFORCE TAKE INTO ACCOUNT THE DIFFERENT COMPETITIVE CONTEXT IN WHICH RIPENER/DISTRIBUTORS IN THE DIFFERENT COUNTRIES ARE OPERATING .
219IT FINDS ITS OBJECTIVE JUSTIFICATION IN THE AVERAGE ANTICIPATED MARKET PRICE .
220THESE PRICE DIFFERENCES ARE IN FACT DUE TO FLUCTUATING MARKET FACTORS SUCH AS THE WEATHER , DIFFERENT AVAILABILITY OF SEASONAL COMPETING FRUIT , HOLIDAYS , STRIKES , GOVERNMENT MEASURES , CURRENCY DENOMINATIONS .
221IN SHORT THE APPLICANT HAS BEEN ASKED BY THE COMMISSION TO TAKE APPROPRIATE STEPS TO ESTABLISH A SINGLE BANANA MARKET AT A TIME WHEN IT HAS IN FACT BEEN UNABLE TO DO SO .
222ACCORDING TO THE APPLICANT AS LONG AS THE COMMUNITY INSTITUTIONS HAVE NOT SET UP THE MACHINERY FOR A SINGLE BANANA MARKET AND THE VARIOUS MARKETS REMAIN NATIONAL AND RESPOND TO THEIR INDIVIDUAL SUPPLY/DEMAND SITUATIONS DIFFERENCES IN PRICES BETWEEN THEM CANNOT BE PROVENTED .
223UBC ' S ANSWERS TO THE COMMISSION ' S REQUESTS FOR PARTICULARS ( THE LETTERS OF 14 MAY , 13 SEPTEMBER , 10 AND 11 DECEMBER 1974 AND 13 FEBRUARY 1975 ) SHOW THAT UBC CHARGES ITS CUSTOMERS EACH WEEK FOR ITS BANANAS SOLD UNDER THE CHIQUITA BRAND NAME A DIFFERENT SELLING PRICE DEPENDING ON THE MEMBER STATE WHERE THE LATTER CARRY ON THEIR BUSINESS AS RIPENER/DISTRIBUTORS ACCORDING TO THE RATIOS TO WHICH THE COMMISSION HAS DRAWN ATTENTION .
224THESE PRICE DIFFERENCES CAN REACH 30 TO 50% IN SOME WEEKS , EVEN THOUGH PRODUCTS SUPPLIED UNDER THE TRANSACTIONS ARE EQUIVALENT ( WITH THE EXEPTION OF THE SCIPIO GROUP , SUBJECT TO THIS OBSERVATION THAT THE BANANAS FROM SCIPIO ' S RIPENING INSTALLATIONS ARE SOLD AT THE SAME PRICE AS THOSE SOLD BY INDEPENDENT RIPENERS )
225IN FACT THE BANANAS SOLD BY UBC ARE ALL FREIGHTED IN THE SAME SHIPS , ARE UNLOADED AT THE SAME COST IN ROTTERDAM OR BREMERHAVEN AND THE PRICE DIFFERENCES RELATE TO SUBSTANTIALLY SIMILAR QUANTITIES OF BANANAS OF THE SAME VARIETY , WHICH HAVE BEEN BROUGHT TO THE SAME DEGREE OF RIPENING , ARE OF SIMILAR QUALITY AND SOLD UNDER THE SAME ' ' CHIQUITA ' ' BRAND NAME UNDER THE SAME CONDITIONS OF SALE AND PAYMENT FOR LOADING ON TO THE PURCHASER ' S OWN MEANS OF TRANSPORT AND THE LATTER HAVE TO PAY CUSTOMS DUTIES , TAXES AND TRANSPORT COSTS FROM THESE PORTS .
226THIS POLICY OF DISCRIMINATORY PRICES HAS BEEN APPLIED BY