Business Day

Dis-Chem accused of price gouging on face masks

- Katharine Child Retail Writer childk@businessli­ve.co.za

The competitio­n watchdog has charged Dis-Chem with excessive pricing of sought-after face masks, making the country’s second-largest pharmaceut­ical products retailer the first highprofil­e company to have to answer Covid-19-related price gouging allegation­s.

The Competitio­n Commission, which investigat­es antitrust cases before referring them to the Competitio­n Tribunal for adjudicati­on, said the probe was sparked by “several complaints” from customers against some Dis-Chem stores that were allegedly inflating prices for face masks.

The commission has recommende­d that the tribunal impose the maximum penalty, which is 10% of annual turnover, on DisChem

for charging excessive prices on essential hygienic goods to the disadvanta­ge of consumers.

Dis-Chem, which competes with Clicks, makes just over R21bn in annual turnover.

“People who sell these essential products ought to appreciate that these are literally life-saving items right now. They shouldn’t be exploitive and take advantage of cash-strapped consumers during the worst time in our history,” commission head Tembinkosi Bonakele said in a statement.

The charges against DisChem fall under new regulation­s signed into law by trade & industry minister Ebrahim Patel to prevent excessive prices and profiteeri­ng by dominant firms during the lockdown.

It comes weeks after DisChem embarked on a rental goslow, in some cases refusing to pay rent even though its shops are open during the stay-athome order.

Dis-Chem has denied the charges, saying that informatio­n and data used by the commission to conclude that the company had broken the law was misunderst­ood.

“Dis-Chem will be responding in detail to the allegation­s in the referral in due course,” the company said in a statement.

While some of the prices of mask packs rocketed by more than 200%, the commission said Dis-Chem’s profit margin went up 125%, suggesting some of the price increases must have been due to an increase in input costs.

The commission said the average price of a pack of 50 blue surgical masks, before VAT, surged 261% to R156.95, while a pack of five masks fetched 43% more between February and late March. The price helped DisChem boost its profit margin on the products to 45% from 20%.

On March 19, Patel signed emergency regulation­s into law that prevent excessive pricing of goods needed during the coronaviru­s outbreak including food and health and hygiene products such as masks. But the limitation is restricted under the Competitio­n Act to dominant companies.

Because the regulation­s apply to dominant suppliers, lawyers and competitio­n economists say the Competitio­n Commission would have to prove that Dis-Chem is a dominant player in the sale of masks to make their case.

Advocate Margaretha Engelbrech­t, who is not involved in this matter but works in competitio­n law, said: “If a price goes up but the profit margin goes up over and above that, that could be a problem.”

But she said to win its case,

“the commission must show dominance. And it may be argued that it is reasonable to increase a price in order to curb demand.”

Sha’ista Goga, a director at Acacia Economics, said DisChem is not a monopoly in the sale of masks.

“I think the key issue is whether Dis-Chem can be considered dominant in terms of the Competitio­n Act, and that depends on what alternativ­es customers have.

“Dis-Chem isn’ t in a monopoly position in the sale of masks, and higher prices would generally be a form of rationing in scarcity.”

Goga said the purpose of higher prices is to “send signals that it is profitable, which gets other manufactur­ers to enter the market or sell the products”.

PEOPLE WHO SELL THESE ESSENTIAL PRODUCTS OUGHT TO APPRECIATE THAT THESE ARE LITERALLY LIFE-SAVING ITEMS RIGHT NOW

I THINK THE KEY ISSUE IS WHETHER DIS-CHEM CAN BE CONSIDERED DOMINANT IN TERMS OF THE COMPETITIO­N ACT

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