FOI release

Request for information regarding own-brand products

Published 15 April 2025

7th Floor, The Cabot
25 Cabot Square
London E14 4QZ
T: +44 (0)20 7215 6537
E: Enquiries@GroceriesCode.gov.uk
www.gov.uk/gca

Sent by email

10 April 2025

Freedom of Information Act: Request for information on Groceries Code Adjudicator (GCA) activities

Thank you for your email of 14 March 2025 regarding supplier complaints and the GCA. You asked for the following information (numbered for ease of reference):

1. How many formal complaints have been filed with the Groceries Code Adjudicator regarding supermarket own-brand products displacing branded products since 2015?

2. Have any suppliers reported that supermarkets have pressured them to produce private-label products under unfavourable conditions?

3. Has the GCA conducted any investigations or issued any warnings regarding anti-competitive behaviour related to own-brand expansion?

4. Please provide any published or unpublished reports assessing whether the presence of supermarket own-brand products is making it harder for small and medium-sized food suppliers to secure contracts.

5. Has the GCA advised the government on possible regulatory interventions to ensure fair competition between own-brand and branded products?

General right of access to information held by public authorities

Under section 1(1) of the Freedom of Information Act 2000 (“the FOI Act”), anyone making a request for information to the GCA, as a public authority, is entitled to be informed in writing whether it holds that information, and if so, to be supplied with it.

The GCA holds some of the information that you have requested. I have responded below to each of your questions as numbered above and stated whether the GCA holds the information or not.

1. The GCA holds the information that you have requested. Section 44(1)(a) of the FOI Act provides that information is exempt if disclosure by the public authority holding it is prohibited by or under any enactment. Section 18(1) of the Groceries Code Adjudicator Act 2013 (“the GCA Act”) states that the Adjudicator may not make an unauthorised disclosure of information relating to an arbitration under the Groceries Supply Order or under a supply agreement if: a) the information identifies a party to the arbitration; or b) the Adjudicator thinks that the identity of a party to the arbitration could be deduced from it. The Adjudicator thinks that releasing the number of arbitration requests related to a specific issue could result in the identity of a party to an arbitration being identified. The GCA publishes information about the number of arbitrations in its annual report and accounts, which you can find at: https://www.gov.uk/government/collections/gca-annual-reports-and-accounts

2. The GCA holds the information that you have requested. As above, section 44(1)(a) of the FOI Act provides that information is exempt if disclosure by the public authority holding it is prohibited by or under any enactment. Section 18(2) of the GCA Act prevents the GCA from making an unauthorised disclosure of information that the Adjudicator thinks might cause someone to think that a particular person has complained about a large retailer failing to comply with the Groceries Code. The Adjudicator thinks that releasing the information that you have requested might cause someone to think a particular person has complained about a large retailer failing to comply with the Groceries Code. None of the exceptions set out in section 18 of the GCA Act apply. As disclosure of the information which you have requested in questions 1 and 2 is prohibited by sections 18(1) and (2) of the GCA Act 2013, section 44(1)(a) of the FOI Act applies and the information requested is exempt from disclosure. This is an absolute exemption and there is, therefore, no requirement to consider the public interest.

3. The GCA holds the information that you have requested. The GCA has not conducted any investigations or issued any warnings regarding anti-competitive behaviour related to own-brand expansion. The GCA is responsible for monitoring and enforcing compliance with the Groceries Code, which does not cover anti-competitive behaviour. You can find more information about the Groceries Code at: https://www.gov.uk/government/publications/groceries-supply-code-of-practice/groceries-supply-code-of-practice

4. The GCA does not hold the information that you have requested. The GCA has not created any reports, published or unpublished, assessing whether the presence of supermarket own-brand products is making it harder for small and medium-sized food suppliers to secure contracts.

5. The GCA holds the information that you have requested. The GCA has not advised the government on possible regulatory interventions to ensure fair competition between own-brand and branded products. Under section 13 of the GCA Act, the GCA must recommend appropriate changes to the Groceries Code to the Competition and Markets Authority. The GCA has not recommended any such changes, believing that the Code remains suitable for its intended purpose of ensuring fair treatment of direct suppliers to the large retailers.

Appeals Procedure

If you wish to complain about the way in which your request for information has been handled, you may seek an internal review by writing, setting out the reasons you feel your request has not been dealt with effectively, to:

The FOI Review Co-ordinator
Groceries Code Adjudicator
7th Floor, 25 Cabot Square
London
E14 4QZ

Alternatively, you can email: enquiries@groceriescode.gov.uk.

We will aim to deal with your Internal Review request within 20 working days of receipt or, if that is not possible, advise you of a date when we expect to complete the review.

If you are dissatisfied with the outcome of the Internal Review, you then have the right to appeal to the Information Commissioner’s Office. You can do this on the Information Commissioner’s Office website.