UBC , SUBJECT TO A PENALTY PAYMENT , TO INFORM ALL ITS DISTRIBUTOR/RIPENERS IN GERMANY , DENMARK , IRELAND , THE NETHERLANDS AND THE BLEU THAT IT HAS CEASED TO APPLY THE PROHIBITION ON THE RESALE OF GREEN BANANAS BY NOT LATER THAN 1 FEBRUARY 1976 AND TO INFORM THE COMMISSION TWICE YEARLY FOR A PERIOD OF TWO YEARS OF THE PRICES CHARGED DURING THE PRECEDING SIX MONTHS TO THE SAME CUSTOMERS .
298THE APPLICANT SUBMITS THAT IT DID NOT KNOW THAT IT WAS IN A DOMINANT POSITION , STILL LESS THAT IT HAD ABUSED IT , ESPECIALLY AS , ACCORDING TO THE CASE-LAW OF THE COURT TO DATE , ONLY UNDERTAKINGS WHICH WERE PURE MONOPOLIES OR CONTROLLED AN OVERWHELMING SHARE OF THE MARKET HAVE BEEN HELD TO BE IN A DOMINANT POSITION .
299UBC IS AN UNDERTAKING WHICH , HAVING ENGAGED FOR A VERY LONG TIME IN INTERNATIONAL AND NATIONAL TRADE , HAS SPECIAL KNOWLEDGE OF ANTI-TRUST LAWS AND HAS ALREADY EXPERIENCED THEIR SEVERITY .
300UBC , BY SETTING UP A COMMERCIAL SYSTEM COMBINING THE PROHIBITION OF THE SALE OF BANANAS WHILE STILL GREEN , DISCRIMINATORY PRICES , DELIVERIES LESS THAN THE AMOUNTS ORDERED , ALL OF WHICH WAS TO END IN STRICT PARTITIONING OF NATIONAL MARKETS , ADOPTED MEASURES WHICH IT KNEW OR OUGHT TO HAVE KNOWN CONTRAVENED THE PROHIBITION SET OUT IN ARTICLE 86 OF THE TREATY .
301THE COMMISSION THEREFORE HAD GOOD REASON TO FIND THAT UBC ' S INFRINGEMENTS WERE AT THE VERY LEAST NEGLIGENT .
302THE AMOUNT OF THE FINE IMPOSED DOES NOT SEEM TO BE OUT OF PROPORTION TO THE GRAVITY AND DURATION OF THE INFRINGEMENTS ( AND ALSO TO THE SIZE OF THE UNDERTAKING ).
303ACCOUNT MUST HOWEVER BE TAKEN OF THE PARTIAL ANNULMENT OF THE DECISION AND THE AMOUNT FIXED BY THE COMMISSION REDUCED ACCORDINGLY .
304A REDUCTION OF THE FINE TO 850 000 ( EIGHT HUNDRED AND FIFTY THOUSAND ) UNITS OF ACCOUNT , TO BE PAID IN THE NATIONAL CURRENCY OF THE APPLICANT UNDERTAKING WHOSE REGISTERED OFFICE IS SITUATE IN THE COMMUNITY , THAT IS TO SAY 3 077 000 NETHERLANDS GUILDERS ( THREE MILLION SEVENTY SEVEN THOUSAND NETHERLANDS GUILDERS ), APPEARS TO BE JUSTIFIED .
Decision on costs
COSTS
305UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS IF THEY HAVE BEEN ASKED FOR IN THE SUCCESSFUL PARTY ' S PLEADING .
306UNDER PARAGRAPH ( 3 ) OF THIS ARTICLE WHEN EACH PARTY SUCCEEDS ON SOME AND FAILS ON OTHER HEADS OR WHERE THE CIRCUMSTANCES ARE EXCEPTIONAL THE COURT MAY ORDER THAT THE PARTIES BEAR THEIR OWN COSTS IN WHOLE OR IN PART .
307WITH REGARD TO THE COSTS OF THE PROCEEDINGS IN THE MAIN ACTION THE COMMISSION HAS FAILED ON ONE OF THE COMPLAINTS MADE AGAINST THE APPLICANT AS A RESULT OF THE ANNULMENT OF THE CORRESPONDING PART OF THE DECISION .
308EACH PARTY SHALL BEAR ITS OWN COSTS .
309FURTHERMORE AN ORDER MUST BE