Panel announced for competition review

Members of the review panel for the government’s ‘root and branch’ review of competition law have been announced. Announcing the three members and chair on 27 March, Minister for Small Business Bruce Billson said that the review will benefit consumers and businesses alike.

The members of the review panel are:

• Professor Ian Harper (chair)
• Su McCluskey
• Michael O’Bryan SC
• Peter Anderson

The Harper Review is reportedly the first comprehensive review of competition laws and policy in more than 20 years.

The Australian Food and Grocery Council (AFGC) has welcomed both the review and the appointments. CEO Gary Dawson says the panel members “bring an outstanding mix of expertise, skills and industry experience” to the review.

“The food and grocery sector is an extremely competitive, dynamic and critical sector of the economy that delivers the essentials of life to every Australian every day,” Dawson said.

“It is also a sector where issues have arisen in relation to market power imbalance, vertical integration and excessive regulation, all of which are within the ambit of the ‘root and branch’ review.

“Competition policy remains a crucial element of the regulatory setting across the supply chain and greatly impacts decisions on investment and employment that shape the direction of the food and grocery manufacturing sector.

“We are confident that the review panel will be well resourced to consider the major market structure questions, and newly announced terms of reference certainly reflect this.

“The Food and Grocery Industry Code of Conduct agreed by the AFGC, Coles and Woolworths late last year was aimed at improving the operation of our competitive market by increasing transparency and certainty for supermarket suppliers, and explicitly prohibiting a number of anti-competitive behaviours.

“The code is entirely consistent with the direction of the ‘root and branch’ review and will be progressed in tandem through the government’s regulatory review process this year with a view to it being tabled as a prescribed code under the Competition and Consumer Act.

“The Food and Grocery Code establishes a clear set of principles relating to key aspects of trading relationships between retailers and suppliers and will provide greater certainty and clarity about dealings in the industry without adding complexity or cost in a fast-moving consumer goods sector.

“We look forward to seeing both the industry code of conduct and the outcomes of the competition law review work together to strengthen the food and grocery sector.”