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

This consultation has concluded

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

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Original consultation

Summary

We're seeking views and evidence which will allow the government to assess the performance of the Groceries Code Adjudicator (GCA) against the measures set out in the Groceries Code Adjudicator Act 2013.

This consultation ran from
midday on 20 June 2019 to 11:45pm on 12 September 2019

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)

Documents

Groceries Code Adjudicator: Statutory Review

PDF, 442 KB, 25 pages

Published 20 June 2019
Last updated 16 July 2020 + show all updates

1. 16 July 2020

   Groceries Code Adjudicator: statutory review, 2016 to 2019 published.

2. 20 June 2019

   First published.