THEY ARE MARKETABALE WHOLESALE , THAT IS TO SAY BEFORE THE RIPENING PROCESS BEGINS WHICH MAKES AN IMMEDIATE SALE UNAVOIDABLE .
87THIS GENERAL QUALITY CONTROL OF A HOMOGENEOUS PRODUCT MAKES THE ADVERTISING OF THE BRAND NAME EFFECTIVE .
88SINCE 1967 UBC HAS BASED ITS GENERAL POLICY IN THE RELEVANT MARKET ON THE QUALITY OF ITS CHIQUITA BRAND BANANA .
89THERE IS NO DOUBT THAT THIS POLICY GIVES UBC CONTROL OVER THE TRANSFORMATION OF THE PRODUCT INTO BANANAS FOR CONSUMPTION EVEN THOUGH MOST OF THIS PRODUCT NO LONGER BELONGS TO IT .
90THIS POLICY HAS BEEN BASED ON A THOROUGH REORGANIZATION OF THE ARRANGEMENTS FOR PRODUCTION , PACKAGING , CARRIAGE , RIPENING ( NEW PLANT WITH VENTILATION AND A COOLING SYSTEM ) AND SALE ( A NETWORK OF AGENTS ).
91UBC HAS MADE THIS PRODUCT DISTINCTIVE BY LARGE-SCALE REPEATED ADVERTISING AND PROMOTION CAMPAIGNS WHICH HAVE INDUCED THE CONSUMER TO SHOW A PREFERENCE FOR IT IN SPITE OF THE DIFFERENCE BETWEEN THE PRICE OF LABELLED AND UNLABELLED BANANAS ( IN THE REGION OF 30 TO 40 % ) AND ALSO OF CHIQUITA BANANAS AND THOSE WICH HAVE BEEN LABELLED WITH ANOTHER BRAND NAME ( IN THE REGION OF 7 TO 10% ).
92IT WAS THE FIRST TO TAKE FULL ADVANTAGE OF THE OPPORTUNITIES PRESENTED BY LABELLING IN THE TROPICS FOR THE PURPOSE OF LARGE-SCALE ADVERTISING AND THIS , TO USE UBC ' S OWN WORDS , HAS ' ' REVOLUTIONIZED THE COMMERCIAL EXPLOITATION OF THE BANANA ' ' ( ANNEX II A TO THE APPLICATION , P . 10 ).
93IT HAS THUS ATTAINED A PRIVILEGED POSITION BY MAKING CHIQUITA THE PREMIER BANANA BRAND NAME ON THE RELEVANT MARKET WITH THE RESULT THAT THE DISTRIBUTOR CANNOT AFFORD NOT TO OFFER IT TO THE CONSUMER .
94AT THE SELLING STAGE THIS DISTINGUISHING FACTOR - JUSTIFIED BY THE UNCHANGING QUALITY OF THE BANANA BEARING THIS LABEL - ENSURES THAT IT HAS REGULAR CUSTOMERS AND CONSOLIDATES ITS ECONOMIC STRENGTH .
95THE EFFECT OF ITS SALES NETWORKS ONLY COVERING A LIMITED NUMBER OF CUSTOMERS , LARGE GROUPS OR DISTRIBUTOR/RIPENERS , IS A SIMPLIFICATION OF ITS SUPPLY POLICY AND ECONOMIES OF SCALE .
96SINCE UBC ' S SUPPLY POLICY CONSISTS - IN SPITE OF THE PRODUCTION SURPLUS - IN ONLY MEETING THE REQUESTS FOR CHIQUITA BANANAS PARSIMONIOUSLY AND SOMETIMES INCOMPLETELY UBC IS IN A POSITION OF STRENGTH AT THE SELLING STAGE .
PARAGRAPH 2 . THE SITUATION WITH REGARD TO COMPETITION
97UBC IS THE LARGEST BANANA GROUP HAVING ACCOUNTED IN 1974 FOR 35% OF ALL BANANA EXPORTS ON THE WORLD MARKET .
98IN THIS CASE HOWEVER ACCOUNT MUST ONLY BE TAKEN OF ITS OPERATIONS ON THE RELEVANT MARKET .
99AS FAR AS THIS MARKET IS CONCERNED THE PARTIES DISAGREE AS TO THE EXTENT OF UBC ' S MARKET SHARE IN THE FEDERAL REPUBLIC OF GERMANY AND AS TO THE APPLICANT ' S ENTIRE SHARE OF THE WHOLE OF THE RELEVANT MARKET .
100IN THE FIRST PLACE UBC DOES NOT INCLUDE IN ITS ENTIRE SHARE OF THE WHOLE