It
is clear that the raging policy debate is not yet
over, about allowing multinational companies a greater
role in the Indian retail sector, particularly food
retail. Already the Commerce Minister Anand Sharma
has declared that the decision to hold back on liberalizing
rules of FDI in this sector following political backlash,
is only to provide breathing space for the government.
It is only too likely that the UPA government will
seek to push through this "reform'' at some point
over the next two years while it is still in power.
This makes it all the more important for Indian citizens
to become aware about the extent of concentration
and control of multinational companies in global food
distribution, and the implications this has for both
producers and consumers of food. These are drawn out
in some recent studies that deserve much more public
attention.
A new report produced by Timothy Wise and Sophia Murphy
("Resolving the Food Crisis: Assessing global
policy reforms since 2007'', GDAE and IATP January
2012, http://ase.tufts.edu/gdae/Pubs/rp/ResolvingFood
Crisis.pdf
makes several interesting points about how the global
food crisis is related to not just medium term supply
factors that reflect the effects of more open trade
and the policy neglect of agriculture, but also to
the biofuel subsidies that have diverted grain acreage
and production, as well as the role of financial speculation
in pushing up prices of food recently. But Wise and
Murphy also highlight a feature that is often ignored
in policy discussion on the food crisis: market power
in the food system.
As they note, "As agricultural, energy, and financial
markets become more integrated on a global scale,
the power of transnational firms within the global
food system grows. This poses significant threats
to global food security, despite the advanced production
and communication systems these firms bring.'' As
a result, the needed policy changes include policies
that curb the market power of transnational companies
in the food system. Unfortunately, there are very
few such initiatives. Instead, "the expanded
interest in public-private partnerships and the continued
commitment to the expansion of industrial agriculture
lead in the opposite direction.'' (Wise and Murphy
2012, page 33.)
One other voice that has raised this issue in the
international policy discussion is that of the UN
Special Rapporteur on the Right to Food, Oliver de
Schutter. In a Briefing Note on "Addressing concentration
in food supply chains'', (December 2010, http://www.srfood.org/imag
es/stories/pdf/otherdocuments/20101201_briefing-note-03_en.pdf)
it is pointed out that "Disproportionate buyer
power, which arises from excessive buyer concentration
in food supply chains (among commodity buyers, food
processors and retailers), tends to depress prices
that food producers at the bottom of those chains
receive for their produce. This in turn means lower
incomes for these producers, which may have an impact
on their ability to invest for the future and climb
up the value chain, and it may lead them to lower
wages that they pay the workers that they employ.
There is thus a direct link between the ability of
competition regimes to address abuses of buyer power
in supply chains, and the enjoyment of the right to
adequate food.''
These forms of market power and their effects are
elaborated in a paper by Aravind Ganesh on "The
right to food and buyer power'' (German law Journal,
Vol 11 No 11, available at http://www.networkideas.org/featart/ja
n2011/Aravind_Ganesh.pdf).
Ganesh points out excessive buyer power harms both
ends of the food distribution chain, the (usually
small) direct producers and the final consumers.
The extreme concentration in the middle of global
supply chains is already a matter of major concern.
Thus, for example, Ganesh notes that in only one example
(that of the global coffee industry) in 2008 it was
estimated by the World Bank that there were around
25 million coffee growers and 500 million consumers.
But only four firms accounted for nearly half of the
coffee roasting and trading industries. For tea, three
companies controlled over 80 per cent of global distribution.
In commodities as varied as grain, soyabean and other
oilseeds, sugar and cocoa, a few large companies dominate
the processing and distribution globally. In many
cases, such as Nestle and Parmalat in the Brazilian
dairy industry (where they now account for 53 per
cent of processing), these companies have come to
acquire their dominant market power by allegedly driving
out farmers' co-operatives which were effectively
forced to sell their facilities to the large players.
Such concentration gives these large companies considerable
power to set the terms, condition and prices of the
produce they acquire from farmers. This can even deprive
farmers of the ability to earn enough income to feed
their households. Ganesh notes that ''studies have
shown that the practice of dominant UK groceries retailers,
of passing on to Kenyan producers the cost of compliance
with the retailers' private standards on hygiene,
food safety and traceability has resulted in the moving
away of food production from small holders to large
farms, many of which were owned by exporters, as well
as the acquisition of exporters of their own production
capacity. In short, farmers are being excluded from
global grocery supply chains, thus severely damaging
their incomes.'' (Ganesh 2011 page 1196)
Ganesh cites several examples of cases where the competition
and anti-trust authorities in different countries
have been forced to take on multinational firms for
their collusive practices. In South Africa, a milk
cartel had to be investigated for colluding to fix
the purchase price of milk and imposing contracts
on small dairy farmers to supply their total milk
production without retaining anything even for household
consumption. Another investigation was launched into
supermarkets denying small producers access to retail
shelves as a result of buyer concentration.
Even in Asia, in places like South Korea, Taiwan China
and Thailand, competition authorities have brought
actions against dominant multinational buyers like
Wal-Mart and Carrefour for various kinds of abusive
conduct. These include strategies that adversely affect
small producers in particular, such as refusal to
receive products, unfair price reductions, unfair
passing on of advertising fees to producers, charging
improper fees, and unreasonable penalties for supply
shortages. In all these cases fines had to be imposed
on these companies, but in the absence of strict guidelines
and constant regulatory monitoring, it is likely that
such behaviour will continue.
Oliver de Schutter has argued that it is therefore
necessary for competition authorities within countries
as well as more global legal regimes to be in place
to prevent such rampant abuse of power. Regulation
and control is necessary to prevent just some of these
tendencies of large retailers:
-
directly or indirectly imposing unfair purchasing
or selling prices or other unfair conditions;
-
limiting production, markets of technical development
to the prejudice of suppliers;
-
applying dissimilar conditions to equivalent transactions
with other trading partners, resulting in those
parties being placed at a competitive disadvantage;
-
making the conclusion of contracts subject to acceptance
by the other parties of supplementary obligations
that have no connection with the actual subject
of such contracts.
Clearly,
framing such regulations and enforcing them is a mammoth
enterprise. But it must be done in all situations where
the concentration of market power in the hands of a
few large buying firms is leading to such malpractice.
On the other hand, it is obviously much better to be
able to avoid such market concentration in the first
place, especially for something as essential as food.
This makes it all the more important to formulate and
implement a clear rejection of the proposal to bring
in multinational retail in the Indian food market.
*
This article was originally published in the Frontline
Volume 29 - Issue 3, Feb. 11-24, 2012. |