Waikato Times

Watchdog prioritise­s covenants

- Tom Pullar-Strecker tom.pullar-strecker@stuff.co.nz

The country’s competitio­n watchdog appears to be preparing to take action against supermarke­t owners over suspect covenants that it fears have been used to stymie retail competitio­n.

The Commerce Commission said a number of supermarke­t land and lease covenants had been ‘‘prioritise­d for further investigat­ion’’ in the wake of its market study into the $22 billion groceries industry, and it expected to provide an update later this year.

‘‘The focus of our investigat­ions is whether the land and lease covenants might have the purpose, effect or likely effect of blocking actual or potential competitor­s from accessing land for new stores,’’ a spokespers­on for the commission said.

The covenants that had been prioritise­d for investigat­ion related to ‘‘all three major grocery retailers’’, he said, by which the commission was understood to be referring to Countdown and both Foodstuffs’ North Island and South Island cooperativ­es.

The commission said in March it had identified more than 90 supermarke­t covenants that restricted the nearby developmen­t of retail businesses including other supermarke­ts, butcheries and bakeries, as well as more than 100 ‘‘exclusivit­y covenants’’ in leases, the majority of which were still active.

Food and Grocery Council chief executive Katherine Rich appeared to shock a select committee last week, when she revealed details of a lease agreement drafted for one of the supermarke­t groups – understood to be Countdown – that required a landowner to campaign to block competitio­n.

A clause in the lease required a landlord to make submission­s to ‘‘oppose all district plans, developmen­ts, all new stores, all applicatio­ns for resource consent or changes to a resource consent, that affects the supermarke­t’s competitiv­e position, and all at the landlord’s own cost’’, she told MPs.

Countdown spokespers­on Kate Porter said clauses similar to those quoted by Rich had been ‘‘common in the past for a range of commercial leases and, in our case, many of our leases are decades old’’. The company declined a subsequent invitation to say when it last included or enforced such a clause in a lease agreement.

Countdown also declined to provide examples of other businesses including similar clauses in lease agreements, or to outline its evidence for thinking such clauses had been commonplac­e, saying it would not be providing further comment.

The Commerce Commission’s spokespers­on said the commission was not currently investigat­ing any examples of the terms quoted by Rich on their own account.

‘‘However, we appreciate their potential relevance to the investigat­ions into lease covenants that we have prioritise­d and we welcome any further informatio­n in relation to them that may inform our investigat­ions,’’ he said.

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 ?? ?? Countdown’s and Foodstuffs’ land and lease covenants have been ‘‘prioritise­d for further investigat­ion’’.
Countdown’s and Foodstuffs’ land and lease covenants have been ‘‘prioritise­d for further investigat­ion’’.
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