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total margin percentages by 99.
This procedure does not take into account sufficiently the
volume of the specific brands sold. Dr. Rossi's report indicates
that petitioners purchased substantially more of some of the six
selected items than others. Petitioners' usual margins on these
highest-volume items were higher than 5.99 percent. For example,
tables attached to Dr. Rossi's report indicate the usual margin
for the 2 biggest sellers, Budweiser/Bud Lite and Miller Lite, as
advertised was 6.81 percent. Third in volume, and most often
advertised, was a beer named "Old Style"; its usual margin as
advertised was 6.56 percent. Petitioners advertised other sizes
of "Old Style" and other brands at higher margins. We conclude
that, when volume of sales is taken into account, the average
margin of advertised beer was more likely 7 percent than the 6-
percent figure used by Dr. Rossi.
Additionally, Dr. Rossi apparently has assumed that the
average 5.99-percent margin for sale-priced beer applied to beer
that was not on sale. It does not appear that Dr. Rossi was
furnished evidence of the margins on beer that was not
advertised. When we take into account the margins on
unadvertised beer, such as the 15.8 margin on unadvertised "Old
Style", the average margin becomes higher.
Finally, Dr. Rossi's report does not consider the margins on
other beer sales, such as the sale of cold beer, beer sold in 6
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