- 21 - We have found Dr. Rossi's report helpful in a number of respects. The other evidence produced at trial regarding petitioners' prices for the years in issue is generally vague, anecdotal, and, because it often relates to years other than those in issue, somewhat irrelevant. Dr. Rossi's report provides a useful structure for obtaining a meaningful analysis of the information before us. In particular, we accept Dr. Rossi's division of petitioners' product lines into three categories; these divisions each display similar pricing and marketing characteristics. We also accept his estimation of each such category's percentage of total sales. Respondent contends that Dr. Rossi's percentages do not agree exactly with other figures for the year 1992 prepared by petitioners' accountants. Dr. Rossi's percentages, however, find sufficient support in the testimony of petitioners' witnesses. For each of the years in issue, beer accounted for approximately 42 percent of sales, wine and liquor accounted for 22 percent, cigarettes accounted for 33 percent, and miscellaneous items accounted for the remaining 3 percent. We additionally accept Dr. Rossi's assertion that an analysis of data for 1991, the middle of the years at issue, generally is applicable to the other 2 years as well. Neither party has shown a basis for concluding otherwise. Finally, we believe that Dr. Rossi's understanding of Nick's Liquors' methods of doing business, and the competitive environment for thatPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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