ACCC Chairman addresses supermarket debate

30 October 2013

Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s industry forum in Canberra.

“At the ACCC, we are completely clear that our role is only to protect the competitive process, and this is how we see the current debate,” Mr Sims said.

“It is simply incorrect to label all those who question aspects of the degree of market power of the major supermarket chains as people wanting to protect inefficient businesses.”

“Second, we see the supermarket issues capable of being dealt with under the Competition and Consumer Act, and we do not see use of the Act as excessive regulation.”

“Indeed, effective implementation of the Act is vital for the success of our market economy. It provides clear and wide boundaries within which we can all benefit from the power of the profit motive,” Mr Sims said.

“It is incorrect to argue that a market economy needs no regulation. It requires a modest amount of appropriate regulation to be effective, and this is what the Act provides."

In outlining supermarket issues which fit under the Act, the Chairman provided an update and perspectives on supplier issues, the proposed code of conduct, shopper dockets, credence claims, mergers and safety issues.

Mr Sims also explained the ACCC’s enforcement role and how it must always act on the basis of facts and evidence in taking court action.

“Our enforcement role, therefore, is not to be a decision maker. This is for the courts which are, of course, the ultimate umpire, as they should be.”

“Take our shopper docket investigation as an example where the ACCC’s role as an enforcement agency has been sometimes misunderstood.”

Mr Sims said the ACCC has no power to ban shopper dockets, nor do we want the power to ban promotions.

“As an enforcement body, the ACCC can investigate market activity and, where appropriate, take court action seeking injunctions to stop conduct and seek penalties in appropriate cases.”

Mr Sims also welcomed the ‘root and branch’ review of Australia’s competition laws as an important opportunity to ensure the laws are appropriate and serve to enhance the welfare of Australians.


Thoughts on market concentration issues

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