AnalysisThe government is picking fights on prices for consumers, but can it land a punch?

AnalysisThe government is picking fights on prices for consumers, but can it land a punch?

Government Initiates Reviews Amid Public Outcry Over Corporate Influence and Cost of Living

In response to growing public discontent regarding big corporations and the rising cost of living, the government is swiftly introducing a series of reviews. These reviews encompass a wide range of sectors, including airlines, business mergers, non-compete clauses, and particularly focusing on supermarkets, which have become a primary target of public scrutiny.

While reviews have the potential to produce positive outcomes, they currently serve more as a preliminary step towards formulating a concrete plan. This approach has led to a sense of uncertainty and impatience among the public, as highlighted by recent criticisms from former ACCC chairs Allan Fels and Rod Sims.

Allan Fels, in a report supported by a union and unveiled at the National Press Club, condemned corporate giants for their excessive greed. Subsequently, Rod Sims raised concerns about major supermarkets in a televised segment, drawing reactions from Woolworths’ departing CEO, Brad Banducci.

Amidst this backdrop, an unexpected coalition between the Greens and the Nationals is advocating for a drastic measure: the potential breakup of Coles and Woolworths, signaling a growing demand for government intervention in price fights to protect consumers.

Adam Bandt, David Littleproud

The Greens and the Nationals, an unlikely duo, join forces on supermarket reform, as reported by ABC’s Sean Davey. Prime Minister Anthony Albanese dismisses comparisons to a Soviet country, triggering Nationals leader David Littleproud to clarify he is not Soviet, showcasing the current political climate. This scenario underscores the government’s potential dilemma. While it’s understandable that the prime minister hesitates on supermarket divestiture, can the series of reviews deliver impactful results to persuade frustrated consumers that the government is genuinely committed to competition? The government’s stance on price fights and its impact on consumers is a critical aspect of this discussion.

Government Initiates Price Reforms Benefiting Consumers

Prime Minister Refuses to Break Up Supermarket Duopoly

Prime Minister Anthony Albanese acknowledges the excessive market power held by Coles and Woolworths but asserts that he will not compel the separation of the supermarket duopoly. The government’s stance on

government price fights consumers

remains unchanged.

Prime Minister Anthony Albanese speaks to the press club in a stern, close-up shot

ACCC Investigation into Supermarkets’ Pricing Practices

One intriguing aspect of the ongoing investigation by the Australian Competition and Consumer Commission (ACCC) is its direct correlation between wholesale and retail prices. This crucial link occurs in the supply chain, spanning from the farm to the store shelves, where supermarkets typically take their share, often leading to accusations of “price gouging”.

Despite the widespread allegations of price gouging, concrete evidence has been scarce due to the limited availability of data on supermarket profit margins. However, the ACCC possesses the authority to demand access to various pricing details, potentially shedding light on whether supermarkets have exploited the recent inflation surge to unjustifiably hike prices beyond reasonable supply costs.

Such revelations would significantly contribute to the heated public discourse surrounding price gouging. Furthermore, the ACCC’s recommendations remain uncertain at this stage. While the Prime Minister hesitates, the ACCC might propose seeking divestiture powers from the government, enabling them to mandate the sale of certain stores owned by major players like Coles and Woolworths.

Alternatively, the ACCC could opt for less drastic measures, like the regular publication of pricing information, akin to its current practices with petrol prices. Anticipation is building for an upcoming issues paper, expected to provide initial insights. However, a comprehensive understanding will only emerge with the release of the interim report in September, followed by the final report in February.

For the ACCC, this timeline represents a swift process, especially considering the extensive range of approximately 25,000 different products carried by supermarkets. Conversely, in the realm of politics, a year can be an eternity, potentially impeding the government from achieving significant milestones before the upcoming election.

Overall, the ACCC’s inquiry into the pricing strategies of major supermarkets holds significant implications for government interventions in price disputes, ultimately impacting consumers.

Airline Regulations and Government Involvement

When it comes to airlines, the procedures are strictly regulated, especially by the government.

In 2023, a significant step in the aviation industry will be the release of the “Aviation green paper,” which will be succeeded by an “Aviation white paper” at a later undisclosed date. While the green paper will outline the existing challenges, the white paper will provide recommendations for the future.

The entire process of drafting these papers is overseen by Transport Minister Catherine King. One crucial aspect that will be addressed is the level of competition within the sector. The green paper has already recognized the high level of concentration in the industry, and the white paper will incorporate insights from Treasury’s competition task force, under the guidance of Assistant Treasurer Andrew Leigh.

Government involvement in price regulations and consumer protection will play a pivotal role in shaping the future of the aviation industry.

Catherine King

**Government Rules Out Major Changes to International Airlines**

In a statement by Catherine King, major changes to rules for international airlines have been ruled out. The government’s stance, as highlighted by ABC’s Luke Stephenson, reveals a clear direction. However, the government’s position seems akin to the approach taken in supermarkets, where what they won’t do is emphasized.

Outlined in the green paper, the government has limited its options by explicitly ruling out the nuclear option: the opening up of cabotage rights. These rights play a crucial role in determining which airlines are permitted to operate on specific routes. Currently, foreign airlines are typically restricted from operating on Australian domestic routes and are subject to the discretionary decisions of government officials regarding international routes.

Transport Minister Denies Request to Lead Airlines Inquiry

The government price fights consumers, according to the transport minister who dismissed a call for her to spearhead an investigation into the refusal to allow Qatar Airways to enhance its operations in Australia. She labeled the request as a mere political ploy and an inefficient use of her time.

Close up of Catherine King

### Analyzing the Impact on Airfares and Competition
By excluding established competitors who possess the required scale to challenge Australian airlines, the government’s actions directly influence competition and, consequently, airfares. The green paper acknowledges the current method of ministerial discretion as suitable, indicating a reluctance to heed suggestions for increased openness to international airlines. Instead, the focus is likely to shift towards enhancing domestic competition on underserved regional routes. Treasury analysis indicates that even the addition of one or two competitors can significantly lower fares in such areas.

### Prioritizing Government Price Fights Consumers
The government’s attention is expected to prioritize consumer rights, such as compensation for flight cancellations and delays, along with airport slot allocations. These efforts aim to prevent major airlines from monopolizing peak time slots. Recently, Transport Minister Catherine King revealed plans to adjust slot regulations at Sydney airport. She believes these changes will lead to enhanced efficiency, competition, and better outcomes for consumers. However, shadow transport spokesperson Bridget McKenzie criticized the proposed adjustments, stating they fall short of meeting the necessary requirements.

Merging Government Price Fights with Consumers

Consumer Protection Agency Pushes for Stricter Regulations on Corporate Mergers

The Australian consumer protection agency is advocating for more stringent government oversight on corporate mergers to ensure fair pricing and protect consumers’ interests. Currently, the existing merger regulations are deemed detrimental to consumers, prompting the call for immediate action.

Government Intervention to Safeguard Consumer Rights

In response to mounting concerns over escalating prices and its impact on consumers, the consumer watchdog is urging the government to intervene and enforce regulations that prioritize consumers’ well-being. The agency emphasizes the necessity of proactive measures to prevent monopolistic practices that could potentially harm consumers.

ACCC Chair Gina Cass-Gottlieb photographed from below and to the side as she speaks at the National Press Club

### Government’s Limited Power in Regulating Mergers

Under the existing framework, the Australian Competition and Consumer Commission (ACCC) faces significant limitations in preventing major corporations from acquiring smaller rivals. Detecting such acquisitions is often a challenge for the ACCC, as Australia stands out among OECD nations for allowing businesses to decide whether or not to disclose their merger intentions to the competition watchdog.

This setup results in the ACCC having minimal oversight over the 1,000-plus mergers occurring annually, particularly in industries already characterized by high levels of market concentration. Even when the ACCC is aware of these mergers, its ability to intervene is restricted to legal challenges in court. A recent example of this constraint is the unsuccessful attempt to block ANZ’s acquisition of Suncorp.

In response to these limitations, the ACCC is advocating for enhanced regulatory authority, which the government has expressed willingness to provide. While the government is considering proposals put forth by Treasury, concerns linger within the ACCC that the final decision might be a diluted version of the suggested measures.

Anticipated government initiatives in the near future may face opposition from business associations resistant to substantial regulatory changes. The dynamics between the government, price regulations, and consumer interests are poised for potential conflicts as these discussions unfold.

Hairdressers Bound by Non-Compete Agreements

The government’s focus on competition in the market also extends to addressing the misuse of non-compete clauses and non-disclosure agreements.

A recent survey in Australia highlighted that a significant percentage of employees, ranging from half to two-thirds, are subject to contractual clauses that restrict them from utilizing company information, soliciting company clients, or joining competitors post-employment.

While common in industries like finance, law, and real estate, where safeguarding the “client list” is crucial, these clauses are now being increasingly applied across various sectors, including those with lower-paid workers such as hairdressers, childcare providers, and yoga instructors.

A generic shot of a colourful yoga class.

Government Initiatives Impacting Job Market

Yoga instructors and hairstylists are increasingly entering into non-compete agreements, as highlighted by the assistant treasurer this week. This trend poses two main concerns: firstly, it hinders productivity and wage growth by discouraging job transitions, and secondly, it impedes competition by creating barriers for new businesses to compete against established ones.

The treasurer expressed deep concern over these statistics and hinted at forthcoming government actions to address the issue. However, any proposed changes might face resistance from the business community, which is already unsettled by recent workplace reforms, including the introduction of the “right to disconnect” policy.

Moreover, Employment Minister Tony Burke’s advocacy for work-from-home rights for award workers may further strain the relationship between the government and businesses.

Andrew Leigh’s Vision for Competition

Despite the challenges in workplace relations, the government asserts that it has successfully implemented three significant bills. In terms of fostering competition, Dr. Leigh aims to revive the era of competition reform from the 1990s and boost the economy substantially.

However, the effectiveness of ongoing reviews in aligning with these ambitious goals and meeting public expectations for lower prices remains uncertain.

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