Coles and Woolworths on the brink of $10 million fines with new rule change

In a move that could significantly alter the landscape of Australia's supermarket industry, Coles and Woolworths, along with other major players, may soon find themselves under much stricter regulations.

A recent report recommended that the Food and Grocery Code, a voluntary scheme, be made mandatory. Breach of the code could result in fines of up to $10 million.

This change is not just a minor tweak but a seismic shift that could have far-reaching implications for the way these supermarket giants do business.



The proposed rule change is part of an interim report released by the government following a review led by Dr Craig Emerson, a former Competition Minister.

The review found that the current voluntary code was not effectively regulating the relationship between supermarkets and their suppliers, with a significant imbalance in market power heavily favouring the supermarkets.


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Dr Emerson recommended that the Food and Grocery Code should be made mandatory for supermarkets. Image source: Shutterstock



Under the new recommendations, supermarkets with annual revenues exceeding $5 billion—which includes Coles, Woolworths, and ALDI—would be subject to the mandatory code.

‘A heavy imbalance in market power between suppliers and supermarkets in Australia's heavily concentrated supermarket industry necessitates an enforceable code of conduct,’ he stated.



The Australian Competition and Consumer Commission (ACCC) would be empowered to enforce the code, with the ability to levy fines that could reach $10 million, 10 per cent of a supermarket's annual turnover, or three times the benefit gained from the breach, whichever is greater.

The review's findings highlighted a pressing need for a more enforceable code of conduct to protect suppliers who may fear retribution and thus compromise the effectiveness of any regulations.


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The rule change would also affect ALDI. Image source: Shutterstock



Treasurer Jim Chalmers expressed the government's desire for a 'fair go for families and a fair go for farmers'.

He said: ‘This work is all about making our supermarkets as competitive as they can be so Australians get the best prices possible.’

As households grapple with high food prices, accusations have been levelled at Woolworths and Coles for price-gouging, stifling competition, and undermining suppliers.

The report suggested that an effective and mandatory code of conduct, along with the ACCC's enforcement of competition laws and policy reforms related to planning and zoning, could enhance competition in the industry.



However, the review stops short of endorsing the forced break-up of supermarkets, warning that such a move could lead to less competition, job losses, and inconvenience for local shoppers.

This stance aligns with the government's position against the forcible break-up of supermarket chains, with Prime Minister Anthony Albanese previously stating that the government is not akin to the Soviet Union.

The final recommendations from Dr Emerson's review are expected by the end of June, and Treasurer Chalmers is set to outline the government's plans for reforms designed to boost competition in the economy in an upcoming speech in Sydney.

You can watch an interview with Dr Emerson here:


Source: The Project/YouTube​


Key Takeaways
  • Coles and Woolworths could face fines of up to $10 million if they breach the Food and Grocery Code, which is recommended to become mandatory.
  • The review, led by Dr Craig Emerson, argued that the current voluntary code is not effective and should be enforced for supermarkets with annual revenues over $5 billion, including ALDI.
  • The Australian Competition and Consumer Commission (ACCC) would enforce the code and be able to impose significant fines for breaches.
  • The review does not support the forced break-up of supermarkets to address market concentration, suggesting it could lead to less competition and job losses.
How do you think these changes will impact the supermarket industry and your shopping habits? Will this lead to fairer prices and better treatment of suppliers, or are there potential downsides to consider? Share your thoughts in the comments below!
 
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Has anyone tried reading this "code of conduct". I thought I had read a lot of mumbo jumbo. WOW! I suppose all this make some pollies and bureaucrats feel all warm and fuzzy.. " Look how great I am... see what great things I m doing.. gimme a pay increase"

What nonsense!
 
NO, it won't create lower prices at all, who do you clowns think will pay the fine. Don't you remember it was or is illegal to open on Christmas day, Gerry Harvey made more money opening and paying the fine than he did by staying closed.
 
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Toops little to late and no prices to come down to realality where they should be
And $10,000,000 they could afford to lose that daily
 
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........with a significant imbalance in market power heavily favouring the supermarkets.......

You mean that the government has discovered the power of monopolies? If the gov't wants to bring decency back to shopping, disallow the supermarkets from trading until 10pm and on Saturdays and Sundays. It might allow the small shopkeeper to grow some competition, particularly if the supermarket chains are kept out of wholesale business selling to themselves and small shopkeepers
 
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"Lower prices ... ?"
Just one word in answer to that -- it starts with BU, a couple of LLs followed by S, then HIT. And, just for good measure, there's an exclamation mark at the end.
 
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Doubt they'll ever implement it. They're simply trying to shot us up. Plus, $10m is peanuts to them. Rhey operate as a cartel which is illegal in the US. Why isn't it here?
 
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This is for profits over 5 billion. What a joke, it won't change anything when the fine is only 10million. Sounds like a big load of BS to me.
 
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Put a cap on profit margins. Schweppes bitter lemon was $5 a pack of 4 x 320ml at $2.83 wholesale. Now It's $7 a pack of 4 x 300ml at $2.83 wholesale. It jumped from 50% to 75% mark up. This just a single instance.
 

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