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Clark announces Govt will legislate to create a regulatory backstop for supermarket wholesale access if Foodstuffs and Woolworths don't cooperate within a couple of years

Public Policy / news
Clark announces Govt will legislate to create a regulatory backstop for supermarket wholesale access if Foodstuffs and Woolworths don't cooperate within a couple of years
DavidClark
Commerce Minister David Clark. Photo by Lynn Grieveson for The Kākā

Commerce Minister David Clark and Prime Minister Jacinda Ardern jointly announced plans Wednesday afternoon to legislate to create a regulatory backstop to force Foodstuffs (Pak'n'Save, New World and Four Square) and Woolworths (Countdown) to open their wholesale arms to competitors on fair terms, if they don't move first voluntarily to open access to others for goods at wholesale prices.

In an unusual move for what is usually a dry regulatory announcement, Ardern took the lead at the Beehive Theaterette lecturn, announcing the planned legislation as an inflation-fighting intervention that could see consumers and suppliers share some of the $1 million a day in excess profits estimated by the Commerce Commission.

"If today's announcements is a demonstration, it is of how difficult we as a government found it to swallow the Commerce Commission's report that a million dollars a day in excess profit was being taken directly out of these pockets. We could not accept that. And that is why we have taken the steps in our demonstration that we absolutely have the backs of New Zealand consumers," Ardern said.

Clark and Ardern were confident the supermarkets duopoly would move voluntarily to avoid the ultimate potential for a yet-to-be-appointed Grocery Commissioner working from within the Commerce Commission to set prices and terms of supply, similar to the way it currently sets prices for electricity lines companies and regulates prices for copper telecommunications cables.

Still another two years before D-Day

However, the legislation is yet to pass and is unlikely to until well into next year. The documents issued today show supermarkets would then have another year to comply.

"This work will improve competition and competition will improve prices," Clark said.

"I expect major grocery retailers to develop wholesale offerings that include a comprehensive range of products at a fair price," he said.

"And to the duopoly's credit, I acknowledge there has been some progress in this area. But today, I can announce the government is creating a toolkit of additional regulatory powers for the grocery commissioner and the government to draw on if these wholesale arrangements do not meet the thresholds of expectation.

"These powers will allow the commissioner to improve transparency in conduct of the major grocery retailers by putting in place a grocery wholesale industry participation code, or requiring major retailers to establish a framework for range and price.

"We are also including new powers for government to step in and demand retailers provide wholesale supply at certain times, including price and range. However, there's nothing needless to say to stop supermarkets acting to open access today. They've said they're going to do it and this legislation proceeds with that understanding."

Clark said the Government had ultimately chosen to take stronger action than the voluntary scheme the Commerce Commission recommended in its final report from its market study, although an earlier draft report did suggest a full regulatory separation, similar to that seen with Chorus and Spark created from the body of Telecom NZ.

“Alongside their retail stores, supermarkets have behind the scenes wholesale operations. The changes announced today will ultimately require the duopoly to open these up to would-be competitors," Clark said.

“Our plan will give a leg up to the likes of smaller retailers and new market entrants. It means other retailers will now be able to source and sell a wider range of groceries at better prices. Under these changes the existing duopoly will be required to negotiate wholesale offerings to their competitors on commercial terms."

'Do it yourselves, before we do it for you'

Describing the voluntary first-step as quasi regulation, Clark said a new Grocery Commissioner would be able to impose additional regulation to force fairer prices.

“Ultimately if these interventions don’t deliver a fair deal new regulations can be utilised to require the major retailers to provide wholesale supply at certain terms, including price and range. The new system will incentivise the major supermarkets to play fair. But if they don’t the Commission will be able to use powerful new tools to make them do so," Clark said.

“Supermarkets are well advised to lock in good-faith wholesale arrangements on their own terms, or we will have no problem stepping in to make it happen. The grocery sector needs to change, so that competing retailers – whether they are independent dairies, smaller chains, or a new entrant – can offer a wider selection of products at competitive prices.

Collective bargaining for suppliers too

Clark said grocery suppliers would also be given flexibility to join together to collectively bargain with the duopoly.

Consumer NZ and the Food and Grocery Council, which represents suppliers, welcomed the announcement 

“New Zealand consumers are fed up with excessive profits in the supermarket sector – they deserve better," said Consumer NZ CEO Jon Duffy.

"Without a genuine regulatory threat from the Government, the status quo will continue. Today’s announcement sends a clear message to the duopoly: The party is over and now it’s time to start playing fair," Duffy said.

Research commissioned by Consumer found trust in supermarkets had slumped in the last year, with 40% saying in June they did not trust the supermarkets, up from 17% a year earlier.

Food and Grocery Council CEO Katherine Rich said the backstop, together with earlier announcements of a Grocery Code of Conduct, a Grocery Commissioner, and legislation to end anti-competitive land wars blocking competitors, would help fix the grocery market.

“It’s great the Government has accepted the wholesale market is broken. Shoppers can see that every day when they see small retailers lining up at supermarkets to get groceries for their store. They do that because they have nowhere else to buy wholesale goods at reasonable prices," Rich said.

“That’s the very reason dairies and retailers such as Night ‘n Day and Supie are not competitive on pricing because what they’re paying for their goods is the same as shoppers at supermarkets pay. In the past, the big supermarkets have declined requests from some independent retailers seeking wholesale supply."

Regulatory structure provided by David Clark's office

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38 Comments

Yep. A grand announcement about something that might be looked at in a few year's time. Catch ya later Labour, you really are completely f...k useless.

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31

Yep Labour are gone burger next election so whats the point even announcing this ? if it cannot be done in 6 months its never going to happen.

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16

Labour's out, but that's only half the story. What we need to start thinking about now is who's going to replace them.

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10

A mass wave of immigration is what.. All wrapped in blue... 

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3

LIAR! The biggest rat and LIAR-bility Mallard has finally quacked and jumped overboard

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1

... don't care who replaces Labour , just so long as the electorate never give a party over 50 % of the vote ...

Absolute power has corrupted Ardern !

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3

... I'll hazard a guess that the point to announcing this was timed to take  media attention off Gaurav Sharma .... simple !

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5

Still at least another two years before there is even the possibility that anything is done ? Labour is a f..ing joke. They either make announcements of announcements, or they establish a new task force, but they never do anything concrete. Unless, of course, it is related to their wokeism and/or to their socialist centralization push (like in the case of the Health system "restructure", or the disgraceful "Three Waters" project), in which case they are quite good at trashing local democracy and the majority opinion and quite efficient in rushing things through Parliament at full speed.  

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21

What has been set in place is virtually unbreachable by regulation and no amount of intervention will change that. In fact attempts to do so from outside of the industry itself would likely both distort and worsen the situation resultantly.  Only the market itself can solve it and that can only be by active competition on the playing field  Not just the supermarkets. Insurance & building supplies have  similarly been allowed to gain monopolistic advantages.  Not sure about Costco myself but if they get up and running, perhaps that will be the start, to loosen the grip. Markets and their pricing are set by competition to put it simplistically. Favourite example. Look at how the Air NZ fares reduced overnight when Hawaiian Airlines started servicing AKL - HNL.

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2

This is actually the correct way to regulate a sector like this, self regulation with the threat of government regulation will work a lot better than the government making the rules. I didn't see National come up with anything better in their 9 years!

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6

Self regulation is the same as no regulation.

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2

I would wager it might be worse, price collaboration under the cover of inflation...

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1

Are you that myopic? It will at least force a response from National.

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Fantastic to a Government with the political will to correct unconscionable ball's up of going from three to two big chains in the first place.

Good use of regulatory powers. Will create business opportunities all through the supply chains and producers.

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2

This regulatory power might not even be used at all.

See if your local parking warden will give you two years of leniency next time they're writing you up a ticket, see how that works out for you. 

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3

"Consumer NZ and the Food and Grocery Council, which represents suppliers, welcomed the announcement "

What's to whine about that?

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0

I think parking rules are a bit more simple to regulate. 

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Two comments:

 

1. If they're given a year to show progress, then they'll show diddley-squat progress until about 28 months have passed, and will then indicate some progress towards developing an ordering portal for competitors... which won't be functional with supply issue sorted until the next review of progress. They'll need to be forced.

2. If the govt thought $1M/day was excessive, then what about the $11M/day the big 4 banks are taking ($4B/yr). How long til that gets fixed!!??

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5

What is the excess profit banks are making though. Supermarkets 'excess' profit exceeds 1 million a day, but they are making addiitonal profit that is not considered excess. I think people are being confused about profit and excess profit. 

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1

Judging by new loans written. I'd say next financial year for the banks. Profits will reduce. 

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0

What an absolute soft touch. Bit different from the "go hard, go early" rhetoric we've been putting up with over the past couple of years.

I guess the difference between COVID-19 and the supermarket duopoly is that one of those viruses doesn't have a lobby group.

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Shame on RNZ for publishing such blatant misinformation. Big Pharma only has our best interests at heart.

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"...if they don't move first voluntarily to open access to others for goods at wholesale prices."

Well, one doesn't need to be a rocket surgeon to work out that this isn't going to happen.

I wouldn't either if I could pocket $730m in excess profits until the govt eventually decides to even start acting in 2 years' time.

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2

I know people who work in industries similar to this, the idea of the government making the rules scares any industry shitless, and with good reason as the government will not make good rules. They will comply if they know what is good for them.

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2

Having worked in on the coal face de-integrating industries that ended up being heavily regulated as a result of intransigence (but ended up far more profitable as a result) - one of whom employed Chris Quinn - I confidently predict the players aren’t scared a jot.

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2

So the government are going to come in and save all of us all from the inflation that they themselves created? Doubt it, maybe every single politician should follow Mallard to Ireland and we would all be better off. 

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7

On entering the Aussie grocery retail market:

“I think they weren’t going to be able to get the scale they needed quickly enough to get a return – it might have taken them six, seven, eight years and perhaps they weren’t prepared to wait that long,” 

“The Australian market by world standards is small and we’re a massive piece of land with a small population. Australia is a great country but it’s an expensive one and they might have underestimated the logistics,” 

Good perspective. No foreign retailer worth their salt will be interested in NZ. 

https://www.news.com.au/finance/business/retail/experts-reveal-why-kauf…

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Where there is a market, there’s profits to be made. 

Problem in NZ is two players are not sufficient in eyes of consumers when inflation runs rampant. Collusion whether consciously or not is harder to achieve when playing numbers increase. 

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0

I'm staggered at how depressed this government makes me feel. I want to leave. 

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8

Good for you. As for me. I am depressed by how staggered this government makes me feel and even more so that I had opportunity to leave and didn’t.

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5

Let's face it. If labour Broughton regulations straight away, you would all be going on about it becoming a fascist socialist nanny state.

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2

And isn't it? And aren't we 'going on about it?'

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0

What would National's plan be to stop supermarkets gouging the consumer?

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3

Love how the government overstimulates the economy, prints a ton of cash that creates inflation then penalizes industry to solve problems they themselves created....!

Pandemic response causing ongoing supply chain issues for most things, 2-3x ocean freight cost increases, forced covid lockdowns and restrictions that ultimately collapsed small businesses and created bailouts with massive money printing and increases in government debt.

All of which increased commodity prices such as petrol/ diesel and of course house prices which all eat straight into consumers pockets

It would be almost funny -  if it wasn't real...

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3

Absolutely. And the "solution" is to bad mouth industry; bring in more poorly thought through legislation which is yet more ' patches stuck on patches'; and create yet more bureaucracies! All of which they imagine will reduce costs to the end user.

I imagine another new "commission" being created...perhaps an new ministry...the Ministry for Upset Muppets,  aka MUM or commonly "Mummy".

For heavens sake people, don't patronize those who you imagine are price gouging. The Warehouse offers many grocery and household items. There are plenty of fruit & vege shops, or even save fuel by shopping at your local superette. Not to mention banking at the four excellent NZ owned banks.

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1

Liarbour are gone and they know it. They're chucking in the towel and will concentrate for the remainder of their term on entrenching separatism

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1

Like the Nazis in WWII? Knowing they had lost in 1943 but being unable to accept what the consequences were. Most of the genocide and casualties in WWII occurred in the last 18-months. Does this imply the damage Labour will inflict will only worsen until ousted?

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