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ACCC clamps down on Coles, Woolworths


The Australian Competition and Consumer Commission has announced that agreement had been reached with Coles Group Limited and Woolworths Limited to phase out all restrictive provisions in supermarket leases.
 
Both companies have agreed that they will not include restrictive provisions in any new supermarket leases, and in the case of existing supermarket leases, they will not enforce restrictive provisions five years after commencement of trading. This phasing out in the case of current leases takes account of commercial arrangements and rental contracts already in place.
 
"This is a major breakthrough for grocery competition in Australia," ACCC chairman Graeme Samuel said. "Reducing the barriers to entry for new and expanding players opens the possibility for Australian consumers to have greater choices in where to shop, and potentially pay lower prices as a result."
 
During its Grocery Inquiry in 2008, the ACCC identified a practice where supermarket operators would include tenancy terms that may have prevented shopping centre managers leasing space to any competing supermarkets. This had the potential to impose restrictions on the number of supermarket outlets in centres and consequently fewer options for consumers.
 
"Over 700 supermarket leases were identified through the ACCC investigation as potentially restrictive, and this agreement addresses all those existing leases involving Coles and Woolworths, as well as dealing with all future arrangements. I welcome the co-operation of Coles and Woolworths in the development of this arrangement."
 
The agreement is in the form of a court enforceable undertaking that has been voluntarily provided by Coles and Woolworths.
 
"Phasing out restrictive provisions in supermarket shopping centre leases is an important step. Another is governments revising the regime of planning laws in order to maximise competition for the benefit of consumers.
 
"There are a number of other supermarket operators not covered by these agreements, and the ACCC will now enter into discussions with a view to them adopting the same approach in their leases.
 
"We will also be talking to shopping centre landlords to ensure a smooth transition."
 
Retail Alert Group principal Tony Standley said: “The ACCC and the Rudd Government getting serious about retail competition? –about time! Restrictive lease covenants out? – That’s the first stage: now for real competition in retail space availability, delivered by harmonised ‘four pillars’ retail lease legislation and state retail planning and zoning reform via COAG.
 
“The announcement that the ACCC has brokered a deal with the giant supermarkets eliminating restrictive lease covenants is only the first victory in the battle we have been waging to re-balance competition in the Australian retail sector.
 
“We congratulate Graeme Samuel and the Minister for Competition and Small Business Craig Emerson for these changes, however, we are putting the ACCC and the Minister for Competition and Small Business on notice that in no way will the these welcome reforms stop the push for genuine competition for retail space in Australia’s shopping centres nor will it stop the push for four pillars retail lease legislation and State retail planning and zoning reform via COAG supported by the ACCC…?
 
“We hope that no deal has been done with the major retailers and the Australian shopping centre industry on proposed obligation to divest and creeping acquisitions legislation. Australia has to have some form of anti-trust competition regulation to stop delivering further concentration of retail spending power into the hands of Australia’s giant retailers.”
 

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