A trade group representing independent grocery stores is calling for lawmakers and regulators to enforce an existing antitrust law it believes would do more to improve competition and help consumers than the push against alleged “price gouging.”
The National Grocers Association, which represents independent grocers that are privately owned by families or by employees as well as wholesalers in that segment, has called for the law’s use to address pricing competition in the industry. Chris Jones, NGA’s chief government relations officer and counsel, told FOX Business that pricing from suppliers is one of the biggest issues the group’s members face in competing with larger rivals.
“You’ve got a handful of really large, dominant firms in this country who have a lot of power in the market,” he said. “Walmart being the biggest fish in the sea… they’re pretty close to 30% of sales in this country, over $300 billion in food sales in a $1 trillion market. What that means for the supply chain is that they have a tremendous amount of power over suppliers.”
Jones explained that the supply chain clout of larger companies like Walmart helps them get more favorable pricing with suppliers. He went on to say that the proposed Albertsons-Kroger merger, which is the subject of a pending antitrust case, has shown that those two companies believe they need to join forces to better compete against Walmart in the grocery industry.
“So we see it as a major threat to our segment of the industry,” Jones said of the proposed merger. “I think the problem shouldn’t be solved through a large merger. It should be solved through the enforcement of laws that are supposed to limit the ability of Walmart to use its coercive power. A law called the Robinson-Patman Act is the one that comes to mind that’s supposed to help level the playing field — so long as buyers are purchasing in equal or similar quantities, they should be getting the same price.”
The Robinson-Patman Act aims to prevent sellers from charging competing buyers different prices for the same commodity or discriminating in providing “allowances” in the form of compensation for advertising and other services.
“This kind of price discrimination may give favored customers an edge in the market that has nothing to do with their superior efficiency,” the Federal Trade Commission (FTC) notes on its website in reference to the law. “Price discriminations are generally lawful, particularly if they reflect the different costs of dealing with different buyers or are the result of a seller’s attempt to meet a competitor’s offering.”
A report by the law firm Morgan Lewis noted that the Department of Justice announced it would stop enforcing the Robinson-Patman Act in 1977 and that the FTC hasn’t brought a case under the law since 2000 — though the law has since been enforced through civil litigation. However, the report noted that the FTC has in recent years expressed an interest in revitalizing the law’s enforcement.