The undertaking by Opposition leader Dutton, supported by the Nationals leader Littleproud, to break up the retail gorillas Woolworths and Coles is absurd. It is a gross example of stupid, short term populism and fear mongering that exhibit either utter ignorance of the current and proposed laws, how the supermarket supply chains work, or scary levels of ignorance.
Perhaps it is all of these mixed up in a broth of complete ‘short-termism’.
It seems to me that facts and long-term benefit to the economy and communities play no role in this ill-conceived appeal to populist, thoughtless ‘policy’.
Such a breakup is far more likely to increase retail prices to consumers, it will certainly not result in any reduction.
Let me be clear about the failures of this proposal, at least as I see them.
Supply chain mechanics.
- The current voluntary code of practice, and the proposed mandatory standards relate to the chains and their suppliers. In a minority of cases are these suppliers also the manufacturers of the consumer product, as well as being the farmer, and all the associated and necessary middlemen that provide the supply chain with the ‘Oil’ that makes it work. Therefore, the policy if implemented would do nothing for the small scale ‘farmers’ who are often held up as victims of retailer power.
- Scale breeds scale. Suppliers of fruit and veg have over time, built scale to squeeze out transaction costs from the supply chain. The Australian Fresh Produce Alliance is a small group of very large ‘consolidators’ that between them control roughly half the $9 billion fresh fruit and vegetable market. These businesses are farmers only in the sense that they might own, contract, or represent hundreds of individual farming locations. Several of the major players are owned overseas. A breakup of Coles and Woollies would only encourage them to increase prices, as the suppliers would then have greater scale than the chains, and would use it.
- The small, independent farmers of commodity fruit and veg is a part of the past. Believing otherwise is fantasy. Where those who choose to farm a small holding have opportunities are in specialty produce sold through channels other than chain retailers.
Legal considerations.
- Any breakup would involve legal action, probably to the high court. I doubt the retailers would take a breakup order as anything other than an order to self-destruct. This would be resisted fiercely.
- The mandatory Code recommended by Dr Emerson, and widely accepted is only marginally more useful than the current voluntary code. It still requires that suppliers lodge complaints. Whilst there are now to be penalties applicable by arbitration, the likelihood of complaints remains low, despite the ‘protections’ articulated in recommendations 3, 4 and 5.
- The scale of penalties proposed by Dr Emerson is absurd. If the threat of implementation was real, nobody in their right mind would invest in retail of any scale. Imposition of the maximum penalty would send the retailer concerned broke. Assuming they are just ‘regulatory scarecrows’ with little legally independent investigation and enforcement power, they represent little of any real deterrent value, while adding friction to the supply chain. Friction generates costs, which will be recovered from consumers.
Competition falsehood.
- Coles and Woolworths do currently have somewhere around 65% market share of retail FMCG sales. That percentage is being eroded by Aldi, as it opens more stores and successfully takes market share.
- In regional areas of NSW and Vic particularly, but also SA and WA, there are a number of strong independent retailers. Drakes, Ritchie’s, IGA, and others are all competing successfully against Coles and Woollies. None would be able to buy disassembled bits of the gorillas, and even if they were, what would that do to the objective of decreasing retail prices? It would more likely put upward pressure on prices as the purchaser sought a return on the investment.
- It you were to breakup either of the retail gorillas, who is a likely buyer? I cannot think of any, except perhaps Walmart, who are also smart enough to assess the sovereign risk as being considerable, so they would not put anything like the expected value of the broken up businesses on the table.
- Some time ago, under Graham Samuel, the ACCC forced the removal of contractual exclusivity of Coles and Woollies in shopping centres under Section 47 of the Competition and Consumer act 2010. That move was a very sensible one, and has resulted in Aldi opening a number of stores in shopping centres in opposition to Coles and Woollies. (An extension to cover ‘land-banking’ might be a useful consideration.)
- While Coles and Woolworths are immensely powerful, they are far from the only distribution channel that exists. In a court they would point out the multibillion dollar and still fragmented food service channel, as well as the independent specialist retailers who continue to provide opportunities for small scale farming.
A final thought. Every Australian with a superannuation fund: i.e. most of us, would have Woollies and Coles in their portfolio, knowingly or otherwise. These shares have been good investments in terms of capital gain, and throw decent tax effective dividends. A breakup would threaten those investments.
For the Opposition leader to propose legislation, should they be elected to government, to break up Woolworths and Coles is nothing but an idiotic, populist, ill-considered appeal to voters without the knowledge to dismiss it with the contempt it deserves.
It is also an astonishing dismissal of one of the cores of the conservative parties: to limit the intervention of government in the workings of the economy.
We Australians deserve better from our ‘leaders’ than opportunistic and destructive policy statements.
