BELGIAN AND NETHERLANDS DEALERS TO ADOPT THEIR POLICY .
2 . EXAMINATION OF THE SUBMISSION
A - THE RELATIONS BETWEEN RT, ON THE ONE HAND, AND SU AND CSM, ON THE OTHER HAND
( A ) THE EVIDENCE
( AA ) THE EVIDENCE RELATING TO THE ACTUAL CONDUCT OF THE APPLICANTS
1 . CHANNELLING OF BELGIAN EXPORTS TO SPECIFIC CONSIGNEES OR DESTINATIONS
131 IT IS CLEAR FROM SEVERAL DOCUMENTS ON THE COURT'S FILE THAT RT AND OTHER BELGIAN PRODUCERS WHICH IT CONTROLS ( RAFFINERIE NOTRE-DAME AT OREYE; SUCRERIES DES FLANDRES AT MOERBEKE-WAAS ), IN GENERAL AND IN CONNEXION WITH SPECIFIC DELIVERIES TO NETHERLANDS CUSTOMERS OTHER THAN SU OR CSM SYSTEMATICALLY LAID DOWN THAT EXPORT AND HOTTLET SHOULD ONLY DELIVER THE AMOUNTS IN QUESTION TO CERTAIN GROUPS OF CONSIGNEES OR CERTAIN DESTINATIONS .
132 THUS RT IN A LETTER TO EXPORT OF 24 JULY 1969 ( ANNEX I 43 TO THE STATEMENTS OF DEFENCE ), AFTER HAVING REMINDED THIS FIRM THAT IT 'INFORMED IT EARLIER OF OUR POLICY TOWARDS OUR FOREIGN COLLEAGUES' FORBIDS THEM TO EXPORT TO THE NETHERLANDS, FOR THE CONSUMER MARKET, THE AMOUNTS OF SUGAR ORIGINALLY SOLD FOR DENATURING BUT WHICH CAN NO LONGER BE USED FOR THIS PURPOSE BECAUSE OF THE ABOLITION OF THE DENATURING PREMIUM .
133 THE MINUTES DATED 23 APRIL 1970 OF A MEETING BETWEEN THIS COMPANY AND RT ON 20 APRIL 1970 ( ANNEX I 74 OF THE STATEMENTS OF DEFENCE ) WHICH EXPORT DREW UP, STATE THAT 'MR ROLIN OF RT TOOK EXCEPTION TO EXPORT'S OPERATIONS DURING THE 1969/70 MARKETING YEAR IN THE NETHERLANDS AND TO THE PURCHASES FROM INDEPENDENT MANUFACTURERS NOT LONG BEFORE THE COMMENCEMENT OF THE SUGAR MARKETING YEAR '. THIS PASSAGE CAN ONLY BE UNDERSTOOD IN THE CONTEXT OF THE OTHER DOCUMENTS ON THE COURT'S FILE AS MEANING THAT RT BLAMED EXPORT FOR HAVING SUPPLIED, POSSIBLY WITH THE HELP OF BELGIAN MANUFACTURERS INDEPENDENT OF RT, NETHERLANDS CUSTOMERS OTHER THAN THOSE TO WHICH RT INTENDED TO RESTRICT ITS EXPORTS .
134 RT IN A TELEX MESSAGE TO EXPORT OF 20 AUGUST 1970 ( ANNEX I 82 TO THE STATEMENTS OF DEFENCE ), AFTER HAVING TAKEN NOTE THAT EXPORT HAD ACCORDED ITS AGREEMENT WITH THE POLICY TO BE ADOPTED ON THE NETHERLANDS MARKET, INFORMS THIS FIRM THAT 'WE ARE THEREFORE MAKING SUGAR AVAILABLE TO YOU FOR THE NETHERLANDS CONDENSED MILK INDUSTRY ...'.
135 EXPORT IN A TELEX MESSAGE OF 20 AUGUST 1970 ( ANNEX I 83 TO THE STATEMENTS OF DEFENCE ) STATES THAT IT AGREES TO COMPLY WITH THE 'CARTEL' CONCLUDED BETWEEN RT AND THE NETHERLANDS PRODUCERS AND MAKES IT CLEAR THAT UNDER THE TERMS OF THIS CARTEL IT MUST NOT SUPPLY IN THE NETHERLANDS SUGAR 'FOR HUMAN CONSUMPTION' OR 'THE SWEET MANUFACTURING INDUSTRY', WHEREAS IT REMAINS FREE TO DO BUSINESS WITH THE MILK PROCESSING AND CHEMICAL INDUSTRY AS WELL AS THE 'DENATURING TRADE '.
136 THE MILK PRODUCTS INDUSTRY IS MENTIONED, SOMETIMES TOGETHER WITH SU, AS THE ONLY NETHERLANDS CUSTOMER TO BE TAKEN INTO ACCOUNT IN A SERIES OF OTHER