OF THE COMMON MARKET .
370 RT CONSIDERS THAT IN VIEW OF THE RELATIVELY SMALL VOLUME OF BELGIAN PRODUCTION AND THE NUMBER OF CONSUMERS IN BELGIUM AND LUXEMBOURG THIS QUESTION MUST BE ANSWERED IN THE NEGATIVE .
371 FOR THE PURPOSE OF DETERMINING WHETHER A SPECIFIC TERRITORY IS LARGE ENOUGH TO AMOUNT TO 'A SUBSTANTIAL PART OF THE COMMON MARKET' WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY THE PATTERN AND VOLUME OF THE PRODUCTION AND CONSUMPTION OF THE SAID PRODUCT AS WELL AS THE HABITS AND ECONOMIC OPPORTUNITIES OF VENDORS AND PURCHASERS MUST BE CONSIDERED .
372 SO FAR AS SUGAR IN PARTICULAR IS CONCERNED IT IS ADVISABLE TO TAKE INTO CONSIDERATION IN ADDITION TO THE HIGH FREIGHT RATES IN RELATION TO THE PRICE OF THE PRODUCT AND THE HABITS OF THE PROCESSING INDUSTRIES AND CONSUMERS THE FACT THAT COMMUNITY RULES HAVE CONSOLIDATED MOST OF THE SPECIAL FEATURES OF THE FORMER NATIONAL MARKETS .
373 FROM 1968/69 TO 1971/72 BELGIAN PRODUCTION AND TOTAL COMMUNITY PRODUCTION INCREASED RESPECTIVELY FROM 530 000 TO 770 000 METRIC TONS AND FROM 6 800 000 TO 8 100 000 METRIC TONS ( CF . CONTESTED DECISION, P . 18, PARAGRAPHS NOS 3 AND 5 ).
374 DURING THESE MARKETING YEARS BELGIAN CONSUMPTION WAS APPROXIMATELY 350 000 METRIC TONS WHEREAS COMMUNITY CONSUMPTION INCREASED FROM 5 900 000 TO 6 500 000 METRIC TONS ( CF . LOC . CIT .).
375 IF THE OTHER CRITERIA MENTIONED ABOVE ARE TAKEN INTO ACCOUNT THESE MARKET SHARES ARE SUFFICIENTLY LARGE FOR THE AREA COVERED BY BELGIUM AND LUXEMBOURG TO BE CONSIDERED, SO FAR AS SUGAR IS CONCERNED, AS A SUBSTANTIAL PART OF THE COMMON MARKET IN THIS PRODUCT .
2 . THE QUESTION WHETHER RT OCCUPIES A DOMINANT POSITION ON THE BELGO-LUXEMBOURG SUGAR MARKET
376 ACCORDING TO ITS OWN STATEMENTS RT ACCOUNTS FOR 65 PER CENT OF BELGIAN PRODUCTION .
377 THE COMMISSION SUBMITS THAT IN FACT THE CORRECT FIGURE IS 85 PER CENT, SINCE THE PRODUCTION OF THE FIRMS SUIKERFABRIEKEN VAN VLAANDEREN AT MOERBEKE-WAAS, AND RAFFINERIE NOTRE-DAME AT OREYE - HEREINAFTER CALLED RESPECTIVELY 'MOERBEKE-WAAS' AND 'OREYE' -, HAVING REGARD TO THE PERSONAL OR FINANCIAL LINKS BETWEEN RT AND EACH OF THEM AS WELL AS THE FACT THAT THEY ADOPTED THE SALES POLICY FIXED BY RT, MUST BE ATTRIBUTED TO RT .
378 RT OWNS AT LEAST 50 PER CENT OF THE CAPITAL OF MOERBEKE-WAAS AND OREYE, FIVE OF THE PERSONS WHO MANAGE RT ARE ON THE BOARD OF DIRECTORS OF MOERBEKE-WAAS, ONE OF THE DIRECTORS OF THE LATTER COMPANY IS ON RT'S BOARD OF DIRECTORS AND FINALLY, AND THIS IS OF SPECIAL IMPORTANCE, THE VARIOUS DOCUMENTS PRODUCED FOR THE COURT'S FILE SHOW THAT THESE TWO FIRMS ADOPTED, IF NOT REGULARLY AT LEAST FREQUENTLY, THE RESTRICTIVE SALES POLICY IMPLEMENTED BY RT ON THE MARKETS OF THE NETHERLANDS AND WEST GERMANY .
379 SINCE THEREFORE THE PRODUCTION OF MOERBEKE-WAAS AND OREYE CAN BE ATTRIBUTED TO RT, IT CAN BE ASSUMED IN THIS CONTEXT THAT RT ACCOUNTED IN PRACTICE