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Grocery Code of Conduct – Regulation Impact Statement for Consultation – the Treasury

On 6 August 2014, the Regulation Impact Statement (RIS) on the grocery code of conduct was released for consultation. The RIS prepared by the Treasury considers whether the activities of the major supermarket chains are harming Australian suppliers. There is considerable debate that difference in bargaining power between supermarkets and suppliers may be used to extract contractual arrangements that go beyond what would be realised in a competitive market. The preferred option at this stage is for supermarkets to engage in an ‘opt-in prescribed’ code of conduct that makes certain elements of their contractual undertakings with suppliers transparent, and regulates certain things that can be contracted. The proposal has been assessed by the Office of Best Practice Regulation (OBPR) as likely to have a measurable but contained impact on the economy with minor impacts on competition. A RIS was prepared by the Treasury for consultation. The RIS has been certified by the Treasury and was subject to an early assessment by the OBPR.