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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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