CONCLUSION AND STATES THAT IT STEMS FROM AN ASSERTION UNSUPPORTED BY ANY EVIDENCE .
61IT STATES THAT IT ONLY ENGAGES IN FAIR COMPETITION IN TERMS OF PRICE , QUALITY AND SERVICES .
62ACCORDING TO UBC AN OBJECTIVE EVALUATION OF ITS MARKET SHARE , THE OPPORTUNITIES FOR PROCURING SUPPLIES , THE ' ' AGGRESSIVE ' ' COMPETITION OF OTHER UNDERTAKINGS , THEIR RESOURCES , THEIR METHODS AND DEGREE OF INTEGRATION , THE RELATIVE FREEDOM OF DISTRIBUTOR/RIPENERS , THE APPEARANCE OF NEW COMPETITORS ON THE MARKET , THE STRENGTH AND SIZE OF CERTAIN CUSTOMERS , THE LOW PRICE AND INDEED THE FALL IN THE PRICE OF THE BANANA , THE LOSSES WHICH IT HAS MADE FOR THE LAST FIVE YEARS , WOULD HAVE PERMITTED THE CONCLUSION TO BE DRAWN THAT , ON THE BASIS OF A PROPER ANALYSIS , NEITHER THE SET UP NOR THE BEHAVIOUR OF ITS UNDERTAKING PRESENT THE PARTICULAR FEATURES OF A FIRM IN A DOMINANT POSITION ON THE RELEVANT MARKET .
63ARTICLE 86 IS AN APPLICATION OF THE GENERAL OBJECTIVE OF THE ACTIVITIES OF THE COMMUNITY LAID DOWN BY ARTICLE 3 ( F ) OF THE TREATY : THE INSTITUTION OF A SYSTEM ENSURING THAT COMPETITION IN THE COMMON MARKET IS NOT DISTORTED .
64THIS ARTICLE PROHIBITS ANY ABUSE BY AN UNDERTAKING OF A DOMINANT POSITION IN A SUBSTANTIAL PART OF THE COMMON MARKET IN SO FAR AS IT MAY AFFECT TRADE BETWEEN MEMBER STATES .
65THE DOMINANT POSITION REFERRED TO IN THIS ARTICLE RELATES TO A POSITION OF ECONOMIC STRENGTH ENJOYED BY AN UNDERTAKING WHICH ENABLES IT TO PREVENT EFFECTIVE COMPETITION BEING MAINTAINED ON THE RELEVANT MARKET BY GIVING IT THE POWER TO BEHAVE TO AN APPRECIABLE EXTENT INDEPENDENTLY OF ITS COMPETITORS , CUSTOMERS AND ULTIMATELY OF ITS CONSUMERS .
66IN GENERAL A DOMINANT POSITION DERIVES FROM A COMBINATION OF SEVERAL FACTORS WHICH , TAKEN SEPARATELY , ARE NOT NECESSARILY DETERMINATIVE .
67IN ORDER TO FIND OUT WHETHER UBC IS AN UNDERTAKING IN A DOMINANT POSITION ON THE RELEVANT MARKET IT IS NECESSARY FIRST OF ALL TO EXAMINE ITS STRUCTURE AND THEN THE SITUATION ON THE SAID MARKET AS FAR AS COMPETITION IS CONCERNED .
68IN DOING SO IT MAY BE ADVISABLE TO TAKE ACCOUNT IF NEED BE OF THE FACTS PUT FORWARD AS ACTS AMOUNTING TO ABUSES WITHOUT NECESSARILY HAVING TO ACKNOWLEDGE THAT THEY ARE ABUSES .
PARAGRAPH 1 . THE STRUCTURE OF UBC
69IT IS ADVISABLE TO EXAMINE IN TURN UBC ' S RESOURCES FOR AND METHODS OF PRODUCING , PACKAGING , TRANSPORTING , SELLING AND DISPLAYING ITS PRODUCT .
70UBC IS AN UNDERTAKING VERTICALLY INTEGRATED TO A HIGH DEGREE .
71THIS INTEGRATION IS EVIDENT AT EACH OF THE STAGES FROM THE PLANTATION TO THE LOADING ON WAGONS OR LORRIES IN THE PORTS OF DELIVERY AND AFTER THOSE STAGES , AS FAR AS RIPENING AND SALE PRICES ARE CONCERNED , UBC EVEN EXTENDS ITS CONTROL TO RIPENER/DISTRIBUTORS AND WHOLESALERS BY SETTING UP A COMPLETE NETWORK OF AGENTS .
72AT THE PRODUCTION STAGE UBC OWNS LARGE