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According to Dr. Frisch, an adjustment to the otros growers'
commission rate was needed to account for a difference in the way
in which petitioner forwarded the funds it received from the
buyers on behalf of the Canelos growers. He stated that, for the
otros growers, petitioner generally sent the funds to the growers
approximately 30 days after the date of sale. However, for the
Canelos growers, SCP lent working capital which petitioner
advanced to the growers; after the sale of the produce,
petitioner immediately credited the net amount, after expenses
and commission, from the growers' outstanding balances instead of
actually sending money. Thus, Dr. Frisch concluded, the Canelos
growers ended up paying less interest to petitioner than they
would have had petitioner waited approximately 30 days before
giving the growers credit for the sale. He asserted that
petitioner accordingly enjoyed a 30-day time-value-of-money
advantage with the otros growers that it did not have in its
dealings with the Canelos growers. Dr. Frisch said that the
Canelos growers would be in an equivalent position if petitioner
charged the Canelos growers the 10-percent rate with the otros
growers' payment terms, or if it charged them an 11-percent rate
with the actual payment terms it used for the Canelos growers.
Dr. Frisch asserted also that an adjustment to the otros
growers' commission rate was needed to account for a service
petitioner performed for the Canelos growers that it did not
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