fruit, and cross-elasticity between bananas and other fruit was high.
were distinct market:
sections of consumers (eg v young, elderly, sick).
unacceptable as substitutes (eg taste, softness, seedlessness, constant year-long
sufficiently distinct from market for other fresh fruit.
sick are not the whole range of consumers.
people who may switch to different fruit]
market due to particular trading conditions that existed there, eg preferential
treatment for bananas coming from overseas territories of these countries.
organization and agricultural market in bananas.
free markets; applicable tariffs and transport costs are necessarily different
but not discriminatory.
homogenous to be considered in its entirety.
had refused to supply distributor in Denmark.
sell competitor’s product and neglect sale of UB’s produce.
position to does disentitle it from protecting its own commercial interests if
they are attacked.
protect its interests, but such behaviour cannot be countenanced if its actual
purpose is to strengthen this dominant position and abuse it.
dominant position was in excess of what might reasonably be contemplated as a
sanction for conduct similar to that for which UB blamed distributor.
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’.