Retail Chains – Abuse of Buyer Power The Irish Experience William Prasifka Chairperson, The Competition Authority 11 November 2009

Grocery Reports The Grocery Monitor Project  Report 1: The Structure and Operation of Grocery Retailing  Report 2: Price Trends  Report 3: Retail Planning System Retail-related Import and Distribution Study

The Problem Buyer Power  Retailers are moving supply to the UK  Unfair demands are squeezing suppliers Allegations of millions in hello money & slotting allowances Fear of consequences Delisting Job Losses “The forced payment of up to €160m in ‘Hello Money’ to large supermarket chains by Irish suppliers is jeopardising thousands of Irish agri-business jobs” Member, Irish Parliament

The Solution Proposal to introduce: Code of Practice in Ireland Grocery Ombudsman Based on the UK Model Key Objective : Protect Suppliers from Unfair Practices Hello Money & Slotting Allowances

Current Legislation The Competition (Amendment) Act 2006 prohibits  Imposing resale price maintenance  Apply dissimilar conditions to equivalent transactions  Slotting allowances  Hello Money These prohibitions are subject to a competition test

Our Experience Competition (Amendment) Act 2006 never been used Few complaints Anecdotal fear of coming forward No private actions Will an Ombudsman change this?

UK Experience Different competitive dynamics EDLP v’s High/Low pricing  Shoppers travelling to Northern Ireland – not vice versa Has the UK Supermarket Code been effective?  Fear among suppliers  Failure to use the code to resolve disputes  Few cases mediated

Ombudsman v’s Act No Competition Test No new incentive to come forward Costly Has little power The Code will “do a lot of harm by trying to do a little good” ESRI

Buyer Power If this is the problem, what is the solution? Changing the rules - Regulation? Ombudsman? Will Result in: Those with buyer power changing behaviour Find alternative methods of “squeezing” Encourage trading with non-Irish suppliers

Buyer Power Only effective remedy is new entry But… Irish planning laws restrict entry Maximum retail floorspace caps Grocery Store: 3,000/3,500 m2 Discounters (ALDI/Lidl): 1,000/1,500 m2 Trade Diversion Test Process used strategically to frustrate competition

The IKEA Effect Attempts to enter Irish market  Planning issues - Restricted due to floorspace caps  2005 Caps lifted for non-food stores in certain areas  2006 IKEA Planning application  2007 Planning permission granted Finally opened 27 July 2009 And Then What Happened ?????????

The IKEA Effect