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Supermarkets and suppliers battle over adjudicator powers by ferujkll sdff





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Supermarkets and suppliers battle over adjudicator powers by
Article Posted: 11/04/2012
Article Views: 63
Articles Written: 2023
Word Count: 630
Article Votes: 0
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Supermarkets and suppliers battle over adjudicator powers


 
Business,Business News,Business Opportunities
A long-awaited new Bill establishing an Adjudicator was announcedin the Queen s Speech on Wednesday and could be published as soonas next week, according to industry sources. But while the Bill represents a major milestone towards setting upa supermarket watchdog, a process which started in the lastcentury, there are still significant details to be resolvedregarding the extent of its powers. The Adjudicator will oversee the Groceries Supply Chain Code ofPractice (GSCOP), which came into force in 2010. The Department for Business, Innovation and Skills said the Bill,which it pledged would receive an early introduction , would address the market dominance of the large retailers and ensuresuppliers are treated fairly and lawfully . The GCA would address these competition issues by arbitratingdisputes between retailers and suppliers, investigating anonymouscomplaints, and taking sanctions against retailers who break therules, the Department said.



The statement revealed little, however, about the two big areas ofcontention over the Bill whether the Adjudicator will be able toinitiate investigations based on evidence provided by thirdparties, like trade organisations, and whether it will be grantedpowers to fine retailers who breach the code from the start. Organisations and MPs that have campaigned for the Adjudicatorwelcomed the Bill but called on Ministers to ensure it has thenecessary powers to address supermarket bullying . NFU President Peter Kendall said it was vital that the Adjudicatorhas the power to take credible evidence from reputable sources,and to use its judgment to assess its worth, before launching aninvestigation . He said its effectiveness would be seriously hindered if bodieslike the NFU were not permitted to initiate investigations.



Country Land and Business Association president Harry said he hopedthe Adjudicator would pave the way to a fairer system forsuppliers, buyers and consumers . But he said it would be vital for the Adjudicator to have thepower to fine supermarkets where trading standards have beenbreached . Without this sanction, it could become a toothless watchdog, hesaid. But British Retail Consortium food director, Andrew Opie urged theGovernment not to allow third party complaints. He claimed thiswould open retailers up to malicious campaigns and fishingexpeditions from those without full knowledge of the agreementsinvolved, at a great cost to all parts of the grocery supplychain.



He said the watchdog was in danger of adding to the cost andbureaucracy of running a grocery business without adding to thestrong protection which already exists for suppliers . The Government s initial estimate put running costs at just 1million a year, a figure the BIS select committee said wasunrealistic. The truth is no-one knows what the cost might be.Retailers are being asked to write a blank cheque, he said. The BRC published a report ahead of the Queen s speech arguingthat there is no need for a supermarket watchdog as farmers werealready benefitting from retail investment in the food chain. In a draft Bill published last year Ministers provisionallyrejected calls for third parties or whistleblowers to be allowed toinitiate investigations but said they were still considering the issue.



The draft Bill also stated that the Adjudicator would initiallyonly have powers to name and shame retailers who breach thecode, with the option to add powers to impose financial penaltiesif this proved to be an insufficient deterrent. One of the key concerns farmers and land managers have faced isin resolving alleged infringements of trading conditions bysupermarkets because, without an independent adjudicator, suppliersfear that if they complain about price cuts, they will lose theircontracts. He said: We hope the Adjudicator will be able to bring about afair balance between the interests of suppliers and retailers. It.

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