The Dairy Inquiry: Interim findings and recommendations

The Dairy Inquiry: Interim findings and recommendations Dairy industry inquiry. • Triggered by events of April 2016 • Commissioned by Australian Gov...
Author: Aron Stokes
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The Dairy Inquiry: Interim findings and recommendations

Dairy industry inquiry. • Triggered by events of April 2016 • Commissioned by Australian Government with extensive information gathering powers. – – – –

Commenced November 2016 8 stakeholder forums – 600 attendees Mandatory information requests to 11 processors, 3 retailers Analysis of over 25,000 documents, hearings under oath involving all major processors and retailers.

1 December 2017

Dairy Inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Bargaining power

• Major differences in bargaining power through supply chain, with farmers the weakest. • Transfer of risk occurs from retailers to processors to dairy farmers • Farmers contractual negotiations provide few options • Risk is transferred to dairy farmers, who only have limited risk management options

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ACCC Dairy Inquiry

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1 December 2017

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Farmgate milk prices • Farmers have limited visibility into price setting • Actual prices can vary significantly from announced prices • Processors best placed to manage risk, but contracts transfer risk to farmers • In export regions, price linked to global trends, but not in other regions.

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ACCC Dairy Inquiry

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Prices – announced and actual

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Global and domestic prices

1 December 2017

ACCC Dairy Inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Competition • Competition is regional • 95% of milk sourced from less than 300km • Exclusivity a trade-off for guaranteeing to take all milk • Swaps and trades could limit competition, but no strong evidence of this occurring 1 December 2017

ACCC Dairy Inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Wholesale & retail competition • Strong competition at wholesale level, including from imports • Competition at retail has delivered lower consumer prices for drinking milk, cheddar cheese. • Processors tend to specialise, and have limited capacity to diversify product range

1 December 2017

ACCC Dairy inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Profit margins • Profit margins largely reflect bargaining power. • Supermarket margins on home-brand products are low but positive, but much higher on branded products • Processor margins on $1 milk/$6 cheese minimal, but much higher on branded products • No obvious direct impact of $1 milk on farmgate prices

• Farmgate prices reflective of farmers weak bargaining power. 1 December 2017

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Contracts • Contracts are favourable to processors and exacerbate farmers poor bargaining power. • Many farmers have a poor understanding of contract terms and conditions

• UCT laws have the potential to address some contract terms • A dispute resolution process is required 1 December 2017

ACCC Dairy Inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Collective bargaining • Some groups have been successful, but usually have unique circumstances • Perishability of milk makes boycotts unfeasible

• Collective bargaining does not offer a broad remedy to the systemic bargaining power imbalances in dairy.

1 December 2017

ACCC Dairy Inquiry

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Bargaining power and risk allocation Farmgate milk prices Competition in regional markets

Wholesale and retail competition Supply chain profit margins Contracting practices

Collective bargaining Recommendations

1 December 2017

ACCC Dairy Inquiry

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Recommendations • Processors and farmers should enter into written contracts • Contracts should be simplified and consolidated • Contracts should not contain terms which restrict switching/competition • Processors should provide increased information clarifying prices offered • A mandatory Code of Conduct for the dairy industry should be considered. 1 December 2017

ACCC Dairy Inquiry

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ACCC contacts & resources www.accc.gov.au/agriculture

https://app.whispli.com/accc-report-anagricultural-issue-anonymously

Agriculture Info Network https://www.accc.gov.au/media/subscriptions

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