Consultation outcome

Groceries Code Adjudicator: statutory review, 2016 to 2019

From:: Department for Business, Energy & Industrial Strategy
Published: 20 June 2019
Last updated: 16 July 2020 — See all updates

Detail of outcome

The Groceries Code Adjudicator: statutory review, 2016 to 2019 report was published on 16 July 2020.

The government report concludes that:

the GCA continues to be highly effective in enforcing the Code and in exercising its powers
the government will not amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015 which provides the maximum financial penalty the GCA may impose
no order will be made to restrict the information the GCA may consider in deciding whether to carry out an investigation

The overall evidence from the review also suggested there is still a need for the GCA to ensure retailers comply with the requirements of the Groceries Code. Some responses to the review indicated that some suppliers are still reluctant to raise issues with the GCA. The government report recognises the steps the current GCA has taken to encourage suppliers to raise issues. It makes a commitment to work with the next GCA to help suppliers feel empowered to raise issues with the GCA and their retailers directly.

Detail of feedback received

We received 85 responses from a range of stakeholders including:

large retailers
suppliers
the GCA
the Competition and Markets Authority (CMA)
trade representatives

The review report takes into account:

the responses to this consultation
the evidence from the GCA’s annual YouGov survey of suppliers held during the review period
the evidence from the GCA’s annual reports

Original consultation

Consultation description

The Groceries Code Adjudicator Act 2013 requires the government to review periodically the performance of the GCA. This statutory review covers the period from 1 April 2016 to 31 March 2019.

The Act specifies the issues which the Review must address:

how the GCA’s powers have been exercised
how effective the GCA has been in enforcing the Code
whether to amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015
whether to make an Order setting out the information that the GCA may consider when deciding whether to investigate

The Act specifies who must be consulted as part of the Review:

GCA
Competition and Markets Authority (CMA)
retailers subject to the Code
one or more persons representing the interest of suppliers
one or more persons representing the interests of consumers
any other appropriate person (we have not identified any specific person or persons here and welcome contributions from any interested person)

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