LARGE PROFITS MAY BE COMPATIBLE WITH A SITUATION WHERE THERE IS EFFECTIVE COMPETITION .
127THE FACT THAT UBC ' S PROFITABILITY IS FOR A TIME MODERATE OR NON-EXISTENT MUST BE CONSIDERED IN THE LIGHT OF THE WHOLE OF ITS OPERATIONS .
128THE FINDING THAT , WHATEVER LOSSES UBC MAY MAKE , THE CUSTOMERS CONTINUE TO BUY MORE GOODS FROM UBC WHICH IS THE DEAREST VENDOR , IS MORE SIGNIFICANT AND THIS FACT IS A PARTICULAR FEATURE OF THE DOMINANT POSITION AND ITS VERIFICATION IS DETERMINATIVE IN THIS CASE .
129THE CUMULATIVE EFFECT OF ALL THE ADVANTAGES ENJOYED BY UBC THUS ENSURES THAT IS HAS A DOMINANT POSITION ON THE RELEVANT MARKET .
CHAPTER II - ABUSE OF THIS DOMINANT POSITION
SECTION 1 CONDUCT VIS-A-VIS THE RIPENERS
PARAGRAPH 1 . THE CLAUSE PROHIBITING THE RESALE OF BANANAS WHILE STILL GREEN
130THE COMMISSION TAKES THE VIEW THAT THE APPLICANT HAS ABUSED ITS DOMINANT POSITION VIS-A-VIS RIPENER/DISTRIBUTORS IN THE FIRST PLACE BY USING A CLAUSE INCORPORATED IN ITS GENERAL CONDITIONS OF SALE FORBIDDING ITS DISTRIBUTOR / RIPENERS TO RESELL ITS BANANAS WHILE STILL GREEN , TO SELL BANANAS OTHER THAN THOSE SUPPLIED BY UBC WHILE THEY WERE DISTRIBUTORS OF UBC ' S BANANAS AND TO RESELL UBC ' S BANANAS TO COMPETING RIPENERS .
131THE COMMISSION IN THE SECOND PLACE BLAMES UBC FOR HAVING INSISTED THAT ITS RIPENER/DISTRIBUTORS SHOULD NOT SELL BANANAS TO DEALERS FROM OTHER COUNTRIES AND GIVING THEM AN ASSURANCE THAT IT HAD IMPOSED THE SAME REQUIREMENT ON ITS DISTRIBUTOR/RIPENERS IN OTHER COUNTRIES .
132THIS ABUSE WAS BROUGHT INTO PRACTICE IN JANUARY 1967 WHEN UBC WAS ENDEAVOURING TO LAUNCH IN EUROPE THE NEW ' ' CAVENDISH VALERY ' ' BANANA UNDER THE ' ' CHIQUITA ' ' BRAND NAME WHICH WAS TAKING THE PLACE OF THE GROS MICHEL VARIETY KNOWN UNDER THE ' ' FYFFES ' ' LABEL .
133THE PROHIBITION ON RESELLING OF BANANAS WHILE STILL GREEN HAS BEEN APPLIED STRICTLY SINCE 1967 , ALTHOUGH IT DOES NOT ALWAYS APPEAR IN A WRITTEN DOCUMENT , IN ALL THE MEMBER STATES FORMING THE RELEVANT MARKET TO UBC ' S IMPORTER/RIPENER/DISTRIBUTORS INCLUDING THE SCIPIO GROUP .
134THERE WAS AN EXAMPLE OF THIS PROHIBITION IN DECEMBER 1973 WHEN UBC REFUSED TO SELL TO THE DANISH FIRM OLESEN WHICH FOUND THAT ALL THE DISTRIBUTORS ( INCLUDING THE SCIPIO GROUP ) WHOM IT HAD REQUESTED TO SUPPLY IT WITH GREEN BANANAS TURNED DOWN ITS REQUESTS BECAUSE THEY WERE PREVENTED FROM DOING SO UNDER THEIR CONTRACTS .
135APART FROM THE FACT THAT THIS OBLIGATION INDIRECTLY HELPS TO STRENGTHEN AND CONSOLIDATE UBC ' S DOMINANT POSITION , IT MAKES ANY TRADE IN UBC ' S GREEN BANANAS WHETHER BRANDED OR NOT , EITHER WITHIN A SINGLE STATE OR BETWEEN MEMBER STATES , ALMOST IMPOSSIBLE . THUS THIS CLAUSE HAS A SIMILAR EFFECT AS A PROHIBITION OF EXPORTS .
136THE EFFECT OF THIS CLAUSE IS FURTHER INCREASED BY THE POLICY ADOPTED BY UBC OF ONLY SUPPLYING ITS CUSTOMERS WITH SMALLER QUANTITIES OF BANANAS THAN THOSE WHICH THEY HAVE