Saputo acquisition by Coles
As reported previously, eastAUSmilk and other players in the dairy industry, have made multiple submissions to the Australian Competition and Consumer Commission urging that they attach conditions to the acquisition by Coles of two Saputo milk processing facilities, in Laverton (Victoria) and Erskine Park (New South Wales).
Our concern was twofold – one, that an integrated supply chain would give Coles unprecedented powers, and two, that the acquisition could, over time, substantially reduce competition for fresh milk, to the detriment of farmers. eastAUSmilk made it clear the industry needs more milk processor competition, not less.
As well as with ACCC, eastAUSmilk has repeatedly raised these issues with Commonwealth, New South Wales and Queensland governments.
ACCC initially released a Statement of Issues in July 2023 identifying preliminary concerns about Coles’ bargaining position in the dairy supply chain, and the potential for reduced competition for raw milk.
The ACCC has now rejected the proposition that the acquisition would reduce competition, and that they need to intervene. No conditions have been placed on the acquisition. The scope for ACCC to intervene was always narrow, restricted to the marginal impact on competition of the acquisition, and issues such as the community having ongoing access to locally sourced fresh milk, regional community resilience, fairness between big business and small, and so on, cannot be considered by ACCC.
On Wednesday 6 December, eastAUSmilk CEO Eric Danzi, and Government Relations Manager Mike Smith, discussed the Commission’s conclusions with ACCC Deputy Chair Mick Keogh.
ACCC concluded the acquisition is unlikely to result in a substantial lessening of competition over the next 5 years, and noted Coles’ conduct with dairy farmer suppliers is covered by the mandatory Dairy Code of Conduct and their interactions with processors is covered by the voluntary Food and Grocery Code of Conduct. They use the 5-year timeframe because they cannot predict industry conditions further ahead than that, with sufficient confidence.
They will release a statement of their reasons, probably early in the new year. eastAUSmilk will consider if there are further options open to us, to protect dairy farmers from negative outcomes of the acquisition. We hope other processors can use these developments to increase competition for milk supply, in the Sydney region.
Mike Smith, eastAUSmilk Government Relations Manager
Coles lifts milk prices, but Woolworths and Aldi haven’t yet
About 3 weeks ago, Coles quietly lifted the price of Coles milk on its shelves by 10c/L to $4.80 for 3L, $3.30 for 2L and $1.70 for 1L. This caught many in the industry by surprise and is seen a real positive move by Coles. It shows that the dark days of $1/L are a distant memory and it is time for everyone in the industry, including me, to move on from this.
It shows that Coles is adjusting the price on shelf as required to meet the cost of getting milk into their stores. The market is working like all other products which is all the industry ever wanted.
It also highlights that Coles is a market leader in paying farmers a fair price for the milk. Many of my members in southern NSW have made it clear to me that Coles has had a very positive impact on their business in the past 4 years. And the next 3 years are positive given the contracts they have with Coles in a time of considerable uncertainty with milk prices especially in southern Australia.
At this stage, Woolworths and Aldi have not lifted their milk price to match Coles. A logical question is why? Perhaps they are playing games to try and get some brownie points with consumers at the expense of the dairy industry but will lift prices in the coming weeks?
Or perhaps Woolworths and Aldi do not have the same cost pressures since they pay farmers less for their milk? I think in many areas of Australia, especially where Coles has direct supply with dairy farmers, this is very likely to be the case.
Whatever the reason, Woolworths and Aldi are very unlikely to be making more than a very small margin on milk. Matching the Coles price increases would be a welcome move by the industry and would allow price increases to farmers and processors for milk at a time when costs are increasing substantially. It would also allow processors to increase their brands wholesale prices to allow further small price increases to processors and farmers.
So Woolworths and Aldi, please help the dairy industry by matching the Coles price increase.
Eric Danzi, CEO eastAUSmilk.
Coles and Saputo Sage Continues
Submissions to the Australian Competition and Consumer Commission, on their concerns about the proposed acquisition of Saputo milk processing plants by Coles, closed on 3 August. The ACCC currently propose to make their final findings by 14 September.
In their statement of issues published in July, ACCC raised several areas of concern. They believe it is possible that sale of the Erskine Park (NSW) facility could see significantly less competition in the market for fresh milk, in several regions of NSW, and they are also concerned at the impact on the dairy industry if Coles decides to move processing from further north, or elsewhere, to the Erskine Park facility.
eastAUSmilk has made a submission in response to the concerns raised by the ACCC, and stressed they are not trying to force Saputo to hang onto milk processing plants they don’t want, nor that Coles will harm the dairy industry recklessly. Rather, the eastAUSmilk submission stressed that the competitive advantage which would be enjoyed by Coles if they bought the plants, and the production opportunities they represent, would most likely see Coles make changes to their operations which could drastically impact markets as far north as southern Queensland.
The solutions proposed by eastAUSmilk focused on keeping competition in the NSW market for fresh milk, by encouraging Saputo to go to market with their plants, to see if other milk processors are interested, or alternatively encouraging a joint venture between Coles and another processor or attach conditions to the sale which protect competition. In all cases, eastAUSmilk urged that the Dairy Industry Code be updated to address both this proposed purchase, and any other proposals for vertical integration in the industry.
eastAUSmilk has offered to work with ACCC to develop each of these proposals, because any solution will work better if it has dairy farmer input.
Mike Smith, eastAUSmilk Government Relations Manager
Australian Competition and Consumer Commission has concerns about Coles
Following submissions from eastAUSmilk and other industry participants, the Australian Competition and Consumer Commission on 20 July published a statement setting out the issues they are concerned about, with Coles’ proposal to buy two milk processing plants from Saputo.
The ACCC noted the proposed acquisition may lead to Saputo exiting markets for the acquisition of raw milk in NSW, thereby substantially lessening competition for the acquisition of raw milk in those markets.
They also noted the proposed acquisition may substantially lessen competition by giving Coles the incentive and ability to harm or frustrate competitor businesses at various points of the dairy supply chain.
The ACCC noted a significant number of industry participants had raised strong concerns about the proposed acquisition, particularly given it will result in a major structural change as the first time a supermarket has its own milk processing facilities.
Their full statement can be downloaded from the ACCC Government website. Issues of concern to the ACCC are discussed in more detail in the ACCC's full statement.
While many NSW members of eastAUSmilk have a good working relationship with Coles, some Queensland dairy farmers are concerned that if Coles owns the NSW facility it could impact where Queensland milk is processed, and hence the viability of some Queensland production.
The ACCC Review is only part of the story, though. Their review is conducted on very narrow grounds – the incremental change to competition in the market, caused by the proposed acquisition. They are not allowed to:
consider social aspirations shared by all Australians – ongoing access to locally sourced fresh milk, a vibrant dairy industry, regional community resilience, fairness between big business and small, and more,
address the total effect on competition that the acquiring company will have, nor
treat this as a precedent for agricultural supply chain vertical integration.
EastAUSmilk is likely to make further submissions to ACCC about the issues they have raised.
Mike Smith, eastAUSmilk Government Relations Manager
Visit to the ACCC
EastAUSmilk Chief Executive Officer Eric Danzi and Government Relations Manager Mike Smith met with Australian Competition and Consumer Commission in Sydney last week, to discuss the proposed purchase by Coles of Saputo processing plants in Laverton North (Victoria) and Erskine Park (New South Wales). The ACCC is investigating the impact on competition of the proposed acquisition.
Unfortunately, the ACCC’s investigation is very narrow, and pays zero attention to the aspirations shared by all Australians – ongoing access to locally sourced fresh milk, regional community resilience, fairness, and the like. They are also unable to take account of the appalling record of the major retailers in treating dairy farmers like serfs.
EastAUSmilk has made a strong submission opposing the acquisition, and the discussion with ACCC focussed on the content of what the submission said.
Politicians in Queensland, New South Wales and Federally will be actively pressed by eastAUSmilk to ensure the acquisition is blocked.
Errol Gerber and Joe Bradley, both eastAUSmilk District Councillors, plus Government Relations Manager Mike Smith, showed Queensland’s Minister for Agricultural Industry Development and Fisheries Mark Furner around Errol’s Clarendon dairy farm last week.
As well as showing the Minister over farm operations, the eastAUSmilk bent the Minister’s ear about a very wide range of topics, amongst which Joe was able to talk about his experience with Queensland Government dairy industry programs, particularly taking up smart collars for monitoring individual and herd well-being.
Discussion ranged over Tick Virus vaccine supplies (the Minister told us his department promises they will be available from next week), farmgate pricing concerns, industry resilience & drought/disaster preparation, improvements to various Government programs, and Coles’ proposed purchase of Saputo processing plants. During discussions the Minister mentioned his grandfather was a dairy farmer, and he had spent time on the property back in hand-milking days.
Mike Smith, Government Relations Manager eastAUSmilk