National Post

Sour dough

GROCERS FACE ALLEGATION­S OF BREAD PRICE- FIXING.

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Allegation­s of price fixing in the bread aisles of major grocers are “shocking” and “bizarre,” analysts said Wednesday as more companies came forward to reveal they are co-operating with an investigat­ion by the country’s competitio­n watchdog.

Sobey’s Inc. confirmed Wednesday that the watchdog was present at its offices in connection with search warrants regarding pricing related to commercial bread dating back to 2001.

“They arrived in our Stellarton ( N. S.) and Ontario offices ( Tuesday),” said spokeswoma­n Jacquelin Corrado in an email. “We are cooperatin­g to support the investigat­ion and have advised employees internally of the process underway.”

The Competitio­n Bureau said late Tuesday that the Ontario Superior Court in Ottawa granted search warrants “based on evidence that there are reasonable grounds to believe that certain individual­s and companies have engaged in activities contrary to the Competitio­n Act.”

Spokeswoma­n Marie-France Faucher said the bureau was conducting the searches and gathering evidence to determine the facts, but that there has been no conclusion of wrongdoing and no charges have been laid. Armina Ligaya

Faucher added that she could not reveal more details, as the bureau is required to conduct investigat­ions confidenti­ally. The applicatio­n and search warrants are also sealed.

Canada’s Competitio­n Act prohibits agreements that “prevent or unduly lessen competitio­n or unreasonab­ly enhance the price of a product.”

That could include agreements between competitor­s to fix prices, or to restrict production of a product by setting quotas or other means that would be considered cartel activities.

Penalties for price- fixing could include fines of up to $ 10 million, imprisonme­nt to a maximum term of five years, or both.

However, the bureau says price- fixing conspiraci­es are, by their nature, difficult to detect and prove.

“Suspicions and evidence of identical prices are not enough to prove a criminal offence,” the bureau says on its website.

The country’s other big grocers, Loblaw Companies Ltd. and Metro Inc. have said they are fully cooperatin­g with the probe but would not comment on whether their offices were searched.

George Weston Ltd., which owns a controllin­g stake in Loblaw as well as the Weston Foods bakery, has said it is co- operating with investigat­ors.

Canada Bread Co. Ltd., which is owned by Mexican company Grupo Bimbo, and Walmart Canada, also confirmed they were co- operating in the competitio­n bureau investigat­ion.

Canada’s major retailers have many measures in place to guard against price- fixing, a practice that prevents or weakens competitio­n through agreements to set prices at artificial levels, said retail analyst Bruce Winder.

“It seems a little bizarre, because all the grocers and all the big companies have fairly strong policies, compliance programs and training for employees not to do this,” said Winder, the cofounder and partner of Retail Advisors Network.

John Williams, a partner at retail consulting company J. C. Williams Group, called the probe “shocking” given that Canada’s major retailers are governed by very well- defined codes of ethics.

He also noted that the bread i ndustry has been in “turmoil” as consumers look for healthier or artisan versions of the food staple, pushing producers to innovate with new varieties to stay competitiv­e.

“It now has almost become a fashion item … Huge aisles of white bread are slowly shrinking,” Williams said.

Bread also r emains a “high-profile item t h at grocery stores use to drive people in, much like milk,” said Winder.

Meanwhile, the sector has faced intensifyi­ng competitio­n, with the entry of discount retailers such as Walmart into the grocery space and Amazon’s recent purchase of Whole Foods.

“The margin pressure in groceries is astronomic­al … Competitor­s are looking for anything to try and get an edge,” Winder said.

COMPANIES HAVE FAIRLY STRONG POLICIES, COMPLIANCE PROGRAMS AND TRAINING NOT TO DO THIS.

 ?? PHOTO ILLUSTRATI­ON MIKE FAILLE / NATIONAL POST ??
PHOTO ILLUSTRATI­ON MIKE FAILLE / NATIONAL POST

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