1 st Annual Report March 2014

1. 1st Annual Report March 2014

2. The groceries supply chain • Very complex • Market size; product range; volumes; geography • History of practices to reduce the cost of supply • Discounter success • Simplicity • Efficiency • Code compliance

3. Statutory reporting requirements The GCA Act 2013 sets out the information we must report: But there is so much more we have achieved...

4. Promoting the work of the GCA

5. Providing advice and guidance • Statutory duties • Investigations and enforcement guidance issued • Maximum financial penalty proposed • Arbitration policy issued • Other guidance • How to raise an issue • Escalation of disputes

6. Acting on supplier issues • Raising issues with CCOs • 3 stage process • Consider and prioritise • Clarify • Formal guidance or investigation • Case studies • Charging for optimum shelf positioning • Payments for failure to meet target service levels • Planning for investigations

7. Key Issues raised on Code compliance Initial ‘Top 5 Issues’ to consider

8. Delivery performance • Why this is an issue • Supplier recorded deliveries don’t match retailer receipts • Deductions are made from invoices • Suppliers find it difficult to prove their case • Code • Part (5); No delay in payments • Proposal • Retailers asked to review depot performance

9. Forecasting and service levels • Why this is an issue • Inaccuracies in retailer forecasting • Forecasts can vary significantly when orders are placed • Suppliers claim to bear all the risk from poor forecasts • Code • Part (10) :No Compensation for forecasting errors • Proposal • Retailers asked to review forecasting practice and accuracy rates

10. Requests for lump sums • Why this is an issue • Requested without notice • Sums can be significant, especially for smaller suppliers • Joint business plans are not always agreed • Code • Part (3): Variation of supply agreements and terms of supply • Proposal • Retailers asked to review their practice

11. Packaging and design charges • Why this is an issue • Suppliers claim over-charging for photography and packaging • Multiple design changes increase supplier costs • Code • Part (6) No obligation to contribute to marketing costs • Part (11) No tying of third party goods and services for payment • Proposal • Retailers asked to consider limiting design changes • Retailers asked to ensure practices are Code compliant

12. Forensic auditing • Why this is an issue • Statutory Limitation of 6 years • Audits are complex and challenge systems and resources • Significant sums involved; most negotiated not settled; some deducted without notice • Code • Part (5): No delay in payments • Proposal • Retailers asked to consider voluntarily reducing the time to settle accounts

13. Forensic auditing: Success Aldi Stores Ltd Asda Stores Ltd Co-operative Group Ltd Iceland Foods Ltd These retailers have agreed voluntarily to: “Limit the auditing of suppliers’ trading accounts from missed claims, by internal or external auditing processes, to no more than the current and previous two financial years on a reciprocal basis.” Each retailer will set out how they will implement this commitment Lidl GmbH Marks and Spencer plc Tesco plc Wm Morrison Supermarkets plc

14. Other issues

15. Forward Look • Responding to YouGov survey • Validate responses to first survey • Continued need to raise awareness • Repeat next year • Building confidence among suppliers to raise issues • Further progress on key issues • Assessment of other issues