The EU Court of Justice confirms the Commission’s decision finding that a banana supplier abused its dominant position by applying excessive prices (United Brands)

JUDGMENT OF THE COURT OF 14 FEBRUARY 1978 [1] [2] United Brands Company and United Brands Continentaal B.V. v Commission of the European Communities "Chiquita Bananas" Case 27/76* The opportunities for competition under Article 86 of the Treaty must be considered having regard to the particular features of the product in question and with reference to a clearly defined geographic area in which it is marketed and where the conditions of competition are sufficiently homogeneous for the effect of the economic power of the undertaking concerned to be able to be evaluated. For the product to be regarded as forming a market which is sufficiently differentiated from other fruit markets it must be possible for it to be singled out by such special features distinguishing it from