Beiner, Inc. - Page 6

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               The three OEMs sold their surplus parts to petitioner in               
          violation of an understanding that they had with Allen-Bradley to           
          not sell those parts other than as part of their finished                   
          products or, in some cases, as replacement parts for those                  
          products.  Over the years, Beiner had developed a relationship              
          with the three OEMs such that they sold their surplus parts to              
          petitioner at the risk of Allen-Bradley’s declaring that it would           
          no longer sell parts to them or that it would do so only at                 
          inflated prices.  Allen-Bradley learned during the subject years            
          that one of the three OEMs, petitioner’s then-largest supplier,             
          was selling its surplus parts to petitioner.  In 2000,                      
          Allen-Bradley charged this OEM more for the parts, and petitioner           
          was unable to continue purchasing Allen-Bradley parts from that             
          OEM at favorable prices.  Petitioner’s purchases from this OEM              
          dropped from $1,199,628.53 in 1999 (approximately 64 percent of             
          petitioner’s purchases during that year) to $28,505.36 in 2000.             
          To make up for this reduction, Beiner had petitioner purchase               
          more Allen-Bradley parts from the other two OEMs and take steps             
          to establish a relationship with a fourth OEM.                              
               The three OEMs benefited from purchasing surplus parts and             
          selling them to petitioner in that they paid less per unit when             
          they purchased a greater quantity of parts which, in turn,                  
          increased their profit margins on their sale of the finished                
          products.  At least one of these OEMs also benefited from an                






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