OF THE RELEVANT MARKET THE PERCENTAGE ATTRIBUTED TO THE SCIPIO UNDERTAKING WHICH BUYS ITS BANANAS F.O.B . IN CENTRAL AMERICA .
101HOWEVER IT MUST BE INCLUDED , BECAUSE ALMOST ALL THE BANANAS RIPENED BY SCIPIO ARE ' ' CHIQUITA ' ' BANANAS THE SHIPMENT OF WHICH TO EUROPE IS COORDINATED BY THE SVEN SALENE COMPANY , BECAUSE SCIPIO SUBMITS TO UBC ' S TECHNICAL SUPERVISION , BECAUSE THESE TWO GROUPS HAVE ENTERED INTO SUPPLY AND PRICE AGREEMENTS WITH EACH OTHER , BECAUSE SCIPIO ABIDES BY THE OBLIGATION NOT TO RESELL ' ' CHIQUITA BANANAS ' ' WHILE STILL GREEN AND BECAUSE FOR THE LAST 30 YEARS IT HAS NEVER ATTEMPTED TO ACT INDEPENDENTLY OF UBC .
102THERE ARE WORKING ARRANGEMENTS BETWEEN SCIPIO AND UBC AND THERE IS JOINT ACTION ON PRICES AND ALSO ON MAKING POINTS OF SALE ATTRACTIVE AND IN CONNEXION WITH ADVERTISING CAMPAIGNS .
103IT MUST FURTHERMORE BE RECORDED THAT THE SALE PRICES CHARGED BY SCIPIO ARE THE SAME AS THOSE OF THE OTHER SUPPLIERS SUPPLIED BY UBC .
104CONSEQUENTLY UBC AND SCIPIO ARE NOT IN COMPETITION WITH EACH OTHER .
105IN THE SECOND PLACE THE COMMISSION STATES THAT IT ESTIMATES UBC ' S MARKET SHARE AT 45% .
106HOWEVER UBC POINTS OUT THAT THIS SHARE DROPPED TO 41% IN 1975 .
107A TRADER CAN ONLY BE IN A DOMINANT POSITION ON THE MARKET FOR A PRODUCT IF HE HAS SUCCEEDED IN WINNING A LARGE PART OF THIS MARKET .
108WITHOUT GOING INTO A DISCUSSION ABOUT PERCENTAGES , WHICH WHEN FIXED ARE BOUND TO BE TO SOME EXTENT APPROXIMATIONS , IT CAN BE CONSIDERED TO BE AN ESTABLISHED FACT THAT UBC ' S SHARE OF THE RELEVANT MARKET IS ALWAYS MORE THAN 40% AND NEARLY 45% .
109THIS PERCENTAGE DOES NOT HOWEVER PERMIT THE CONCLUSION THAT UBC AUTOMATICALLY CONTROLS THE MARKET .
110IT MUST BE DETERMINED HAVING REGARD TO THE STRENGTH AND NUMBER OF THE COMPETITORS .
111IT IS NECESSARY FIRST OF ALL TO ESTABLISH THAT ON THE WHOLE OF THE RELEVANT MARKET THE SAID PERCENTAGE REPRESENTS GROSSO MODO A SHARE SEVERAL TIMES GREATER THAN THAT OF ITS COMPETITOR CASTLE AND COOKE WHICH IS THE BEST PLACED OF ALL THE COMPETITORS , THE OTHERS COMING FAR BEHIND .
112THIS FACT TOGETHER WITH THE OTHERS TO WHICH ATTENTION HAS ALREADY BEEN DRAWN MAY BE REGARDED AS A FACTOR WHICH AFFORDS EVIDENCE OF UBC ' S PREPONDERANT STRENGTH .
113HOWEVER AN UNDERTAKING DOES NOT HAVE TO HAVE ELIMINATED ALL OPPORTUNITY FOR COMPETITION IN ORDER TO BE IN A DOMINANT POSITION .
114IN THIS CASE THERE WAS IN FACT A VERY LIVELY COMPETITIVE STRUGGLE ON SEVERAL OCCASIONS IN 1973 AS CASTLE AND COOKE HAD MOUNTED A LARGE-SCALE ADVERTISING AND PROMOTION CAMPAIGN WITH PRICE REBATES ON THE DANISH AND GERMAN MARKETS .
115AT THE SAME TIME ALBA CUT PRICES AND OFFERED PROMOTIONAL MATERIAL .
116RECENTLY THE COMPETITION OF THE VILLEMAN ET TAS FIRM ON THE NETHERLANDS MARKET HAS BEEN SO LIVELY THAT PRICES HAVE DROPPED BELOW THOSE ON THE GERMAN MARKET WHICH