MEET CONJUNCTURAL DIFFICULTIES BY APPROPRIATE MEASURES SUBJECT TO THE OBSERVANCE OF COMMUNITY OBJECTIVES , IS TO BE FOUND AMONGST THE PROVISIONS RELATING TO THE COMMON ECONOMIC POLICY AND THIS IN A FIELD OTHER THAN THAT OF THE PROVISIONS OF THE TREATY RELATING TO THE COMPETITION RULES , SUCH AS ARTICLES 85 AND 86 .
15HENCE , THE ABSENCE OF APPROPRIATE RULES , BASED IN PARTICULAR ON ARTICLE 103 OF THE TREATY , WHICH WOULD MAKE IT POSSIBLE TO ADOPT SUITABLE CONJUNCTURAL MEASURES , WHILST REVEALING A NEGLECT OF THE PRINCIPLE OF COMMUNITY SOLIDARITY WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY , AND A FAILURE TO ACT WHICH IS ALL THE MORE SERIOUS SINCE ARTICLE 103 ( 4 ) PROVIDES IN TERMS THAT ' ' THE PROCEDURES PROVIDED FOR IN THIS ARTICLE SHALL ALSO APPLY IF ANY DIFFICULTY SHOULD ARISE IN THE SUPPLY OF CERTAIN PRODUCTS ' ' , STILL CANNOT RELEASE THE COMMISSION FROM ITS DUTY TO ENSURE IN ALL CIRCUMSTANCES , BOTH IN NORMAL AND SPECIAL MARKET CONDITIONS , WHEN THE COMPETITIVE POSITION OF TRADERS IS PARTICULARLY THREATENED , THAT THE PROHIBITION IN ARTICLE 86 OF THE TREATY IS SCRUPULOUSLY OBSERVED .
16THE CONTESTED DECISION STATES THAT IN THIS MATTER THERE EXISTED A DOMINANT POSITION NOT ONLY ON THE PART OF BP RELATIVE TO ITS CUSTOMERS BUT ALSO ON THAT OF EACH OF THE LARGE INTERNATIONAL OIL COMPANIES REFINING OR HAVING REFINING DONE FOR THEM IN THE NETHERLANDS RELATIVE EACH TO ITS OWN CUSTOMERS .
17THE REASONS GIVEN FOR THIS CONCLUSION ARE BASED ESSENTIALLY ON CONSIDERATIONS OF A GENERAL NATURE RELATING TO THE CONDITIONS OF THE WHOLE OF THE NETHERLANDS MARKET DURING THE CRISIS AS REGARDS THE SUPPLY OF PETROLEUM PRODUCTS AND THE STATE OF COMMERCIAL RELATIONS , WHICH , IN A MARKET SUCH AS THIS ONE , INEVITABLY ARISE BETWEEN ' ' SUPPLIERS WHO HAVE A SUBSTANTIAL SHARE OF THE MARKET AND QUANTITIES AVAILABLE AND THEIR CUSTOMERS ' ' .
18THE FIRST QUESTION TO BE EXAMINED IS WHETHER , ON THE SUPPOSITION THAT SPECIAL MARKET CONDITIONS SUCH AS THOSE IN THIS CASE DID IN FACT ENSURE A DOMINANT POSITION IN THE NETHERLANDS FOR THE LARGE OIL COMPANIES ESTABLISHED THERE AS AGAINST THEIR RESPECTIVE CUSTOMERS , THE FACTUAL AND LEGAL CIRCUMSTANCES ON WHICH THE COMMISSION RELIES TO CHARACTERIZE IN PARTICULAR THE INDIVIDUAL CONDUCT OF BP DURING THE CRISIS MAKE IT POSSIBLE TO CONSIDER THAT CONDUCT AS AN ABUSE WITHIN THE MEANING OF ARTICLE 86 OF THE TREATY .
19THE CONTESTED DECISION ACCUSES BP OF HAVING ABUSED ITS DOMINANT POSITION ON THE MARKET IN QUESTION BY REDUCING ITS SUPPLIES TO ABG SUBSTANTIALLY AND PROPORTIONATELY TO A MUCH GREATER EXTENT THAN IN RELATION TO ALL ITS OTHER CUSTOMERS AND OF HAVING BEEN UNABLE TO PROVIDE ANY OBJECTIVE REASONS FOR ITS BEHAVIOUR .
20IT THUS ACCUSES THE COMPANY OF HAVING IMPOSED ON ABG AN OBVIOUS , IMMEDIATE AND SUBSTANTIAL COMPETITIVE DISADVANTAGE AND STATES THAT THIS BEHAVIOUR MIGHT HAVE JEOPARDIZED ABG ' S CONTINUED EXISTENCE .
21WHILST ADMITTING THAT UNDERTAKINGS HOLDING