- 45 - compensation paid to Target’s CEO. Accordingly, Dr. Hakala concluded that Mr. Menard’s compensation was not reasonable.44 3. The Parties’ Criticisms of the Expert Reports a. Comparable Companies Petitioners object to the inclusion in Dr. Hakala’s comparison group of Dollar General, May Department Stores, Office Depot, and TJX. Petitioners assert that those four companies did not sell hard goods products, experience sustained sales growth and profitability from 1988 through 1998, or attain $1 billion in revenue by 1998. In criticism of petitioners’ comparison group companies, at trial, respondent established that, when Mr. Rowley selected comparable companies based on sustained sales growth and profitability between 1988 and 1998, he did not make certain that the same CEO ran the comparison group companies for the entire period. Mr. Rowley testified that he was certain only that Home Depot and Staples had the same CEO for the period but emphasized that CEO continuity was not necessary for purposes of “understanding the market”. 44Dr. Hakala also compared Mr. Menard’s compensation to the Watson Wyatt Executive Compensation Survey, a market survey which compiles compensation data for various industries. Respondent has not established that the surveyed companies are comparable to Menards. Accordingly, we reject this portion of Dr. Hakala’s analysis.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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