GAC Produce Co., Inc., An Arizona Corporation - Page 57




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         produce, whereas petitioner delayed making funds available to the             
         otros growers until 30 days after the sale.  Petitioner                       
         maintains, however, that it credited all growers' accounts                    
         immediately upon sale.  Therefore, petitioner contends, any use               
         of a float adjustment would be arbitrary and inappropriate.                   
              Petitioner also contends that Dr. Frisch did not adjust the              
         otros growers' commission rate to reflect the distinction and                 
         character of the per-box rate structure used for the SCP deal as              
         contrasted with the percentage of sales fee structure used for                
         the otros growers' transactions.  Petitioner asserts that Dr.                 
         Frisch used an after-the-fact analysis of a low-volume percentage             
         commission rate structure to compare to a high-volume per-box                 
         rate structure.                                                               
              Petitioner contends that in the produce industry economies               
         of scale justify volume discounts, and that Dr. Frisch                        
         erroneously failed to adjust the otros growers' commission rate               
         for volume considerations.                                                    
              Petitioner contends also that Dr. Frisch failed to adjust                
         the otros growers' commission rate to reflect the type of produce             
         sold by the otros growers that had different handling and                     
         distribution considerations than the fresh tomatoes sold by the               
         Canelos growers.                                                              
              Respondent contends, on the other hand, that in arriving at              
         her conclusions Dr. Cook did not place importance on:  (1) The                





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