FIRMA FUER IHREN BEDARF VOM 1 . 10 . BIS 31 . 12 . 1971 EINDECKUNGEN VORNIMMT . IN JEDEM FALLE SOLL ICH UNTERRICHTET WERDEN . DIES ZUR KENNTNISNAHME UND ERWARTE IHRE STELLUNGNAHME HIERZU '. (' AFTER MY TELEPHONE CONVERSATION TODAY WITH THE BEFOREMENTIONED UNDERTAKING' - THAT IS TO SAY WITH A GERMAN FIRM WHICH BOUGHT OR CONTEMPLATED BUYING FROM SZV - 'I DISCOVERED THAT SOMEONE ELSE HAD OFFERED PRICES BELOW THOSE WHICH I HAD OFFERED FOR MAINZ AND KEMPTEN/HEGGE . THESE PRICES WOULD IN ANY CASE BE BELOW THE BASIC PRICES NOTIFIED BY THE "SUEDZUCKER-VERKAUFS-GMBH ". I HAVE NOT YET BEEN ABLE TO FIND OUT WHETHER THE QUOTED PRICES COME IN FACT FROM THE "SUEDZUCKER-VERKAUFS-GMBH" OR FROM ANOTHER OFFERER . I SHALL PERHAPS OBTAIN FURTHER INFORMATION DURING THE NEXT FEW DAYS BEFORE THE FIRM REFERRED TO ABOVE BEGINS TO COVER ITS REQUIREMENTS FOR THE PERIOD 1 OCTOBER TO 31 DECEMBER 1971 . I HAVE IN ANY CASE ASKED TO BE INFORMED . THIS MESSAGE IS FOR INFORMATION : I AWAIT YOUR VIEWS IN THIS MATTER ').
329 THE COMMISSION THEN GOES ON TO SAY THAT 'A GERMAN DEALER' - WHOSE NAME WAS DISCLOSED BY THE PARTIES DURING THE PROCEEDINGS AND WHO AT THAT TIME WAS SUCRE-UNION'S REPRESENTATIVE IN SOUTH GERMANY HEREINAFTER REFERRED TO AS 'X' - WROTE TO SUCRE-UNION ON 29 SEPTEMBER 1971 ( CF . ANNEX I 157 TO THE STATEMENTS OF DEFENCE ) AND SAID 'AS YOU SEE THE NOTIFICATION TO SZV OF THE NAMES OF FIRMS WHICH UP TILL NOW HAVE BOUGHT FROM US HAS CONSIDERABLE DISADVANTAGES . SZV GETS TO KNOW IN THIS WAY WHICH OPERATORS HAVE ALREADY PURCHASED SUGAR IN FRANCE OR WHICH INTEND TO DO SO ... I DO NOT CONSIDER THAT IT IS ANY LONGER EXPEDIENT TO PASS ON TO SZV THE ADDRESSES ( OF OUR ) CUSTOMERS . IT WILL GET TO KNOW THEM IN ANY CASE IF THE CUSTOMERS BUY LESS FROM IT THAN BEFORE OR IF THEY DO NOT BUY ANYTHING FROM IT AT ALL .
330 THE COMMISSION INFERS FROM THIS LETTER THAT SUCRE-UNION, AT THE REQUEST OF SZAG OR OF SZV, REQUIRED ITS GERMAN REPRESENTATIVE TO SEND THE LIST OF ITS CUSTOMERS TO ONE OR OTHER OF THESE COMPANIES .
331 FINALLY, IN A LETTER OF 10 MARCH 1972 THE GERMAN FIRM GEDELFI INFORMED THE BELGIAN FIRM GEMAS ( ANNEX II 9 TO THE STATEMENTS OF DEFENCE IN CASES 54 TO 56/73 ) THAT 'IN DEN LETZTEN 4 JAHREN IST VON DER GEDELFI KEIN ZUCKER AUS EWG-LAENDERN IMPORTIERT WORDEN . UNSERE VERGEBLICHEN VERSUCHE VOR EINIGEN JAHREN SIND IHNEN AUS UNSEREN GESPRAECHEN BEKANNT . DAMALS HABEL WIR AUF UNSERE ANFRAGEN OFFERTEN GENANNT, DIE SICH ABER AUS FRACHTGRUENDEN UND DESHALB PREISGRUENDEN NICHT REALISIEREN LASSEN '. (' DURING THE LAST FOUR YEARS GEDELFI HAS NOT IMPORTED ANY SUGAR COMING FROM EEC COUNTRIES . OUR DISCUSSIONS HAVE MADE YOU FAMILIAR WITH THE UNSUCCESSFUL ATTEMPTS WE MADE SOME YEARS AGO . AT THAT TIME OUR REQUESTS WERE NOT FOLLOWED UP BY ANY