Treasurer Jim Chalmers says the government wants to pursue a proposed multi-million-dollar penalty regime for the supermarket sector if grocers such as Coles and Woolworths engage in anti-competitive behaviour.
Former Labor minister and economist Craig Emerson has published an interim review of the grocers code of conduct, which has suggested fines of up to 10 per cent of annual revenue for supermarket corporations which mistreat suppliers.
Mr Chalmers said the government supported Dr Emerson's recommendations, subject to consultation with the industry.
"What we're talking about here is making the code compulsory, having big penalties for people who do the wrong thing, getting the dispute resolution right, so farmers and suppliers can't be dudded," Mr Chalmers said.
"We know that this is an interim report, we know that there's a few weeks of consultation to follow, but he's made it clear about those eight firm recommendations.
"We support those in-principle subject to consultation that will happen over the next few weeks.
"A big motivation is to put downward pressure on prices … we want to make sure our businesses are more productive and competitive."
The government-initiated review did not, however, back a push for break-up powers that could force Coles and Woolworths to sell off parts of their businesses if a court ordered them to do so.
Prime Minister Anthony Albanese said Dr Emerson had delivered a "very strong interim report".
"Clearly we are signalling the direction in which Dr Emerson is headed," Mr Albanese said.
"This work is all about how we make our supermarkets as competitive as they can be, so that Australians get the best deal possible, whether they be the providers or, of course, the consumers at the check-out.
"And this recommends the code be made mandatory with very heavy penalties for major breaches."
Mr Albanese noted the current code "essentially is run by the same businesses that are being complained about".
In a statement, Woolworths said it supported the Food and Grocery Code of Conduct becoming mandatory for all major retailers, as well as for retailers which competed in grocery categories such as Bunnings and Chemist Warehouse.
"We support the recommendation to retain fast and cost effective avenues for dispute resolution, for the benefit of suppliers, especially smaller ones," the company added.
Coles said it was proud to be a founding signatory to the voluntary industry code, but did not weigh into the recommendations.
"We remain committed to the objectives of the code in delivering value to our customers while maintaining strong, collaborative relationships with our valued suppliers. We will continue to work constructively as part of this review process," a spokesperson said.
PM says break-up powers 'populist', not practical
The government has faced a push to introduce divestiture powers that would allow a court to punish the supermarket giants by forcing them to sell off parts of their businesses, such as their liquor arms, if they were found to have abused their market power.
In an uncommon move, the Nationals and Greens have joined forces within parliament to push for the powers, which have been derided by Mr Albanese as a "Soviet" measure.
Dr Emerson in his interim findings said break-up powers were not a credible way to improve competition in the supermarket sector — though the matter was outside the scope of the review.
Mr Albanese this morning dismissed break-up powers as a "populist response", suggesting forced sell-offs would only see Coles and Woolworths sell to each other, unless a foreign company was introduced, leading to increased market concentration.
"Divestiture sounds OK until you think it through. OK, if you force someone to sell, who do they sell to?" Mr Albanese asked.
"It is a reflection of the need to have serious responses to what is a serious problem rather than a populist response that sounds good."
Nationals leader David Littleproud said the government should not be ruling out options when other reviews were still underway.
"[It is] a little concerning for Craig Emerson to rule out things like divestiture powers when you haven't had the ACCC review come back … one in which the prime minister said he's prepared to give the ACCC any power they saw fit," he told Sky News.
Mr Littleproud said the industry-developed code of conduct had delivered "three-fifths of bugger all", and that imposing penalties would do little to deter supermarket giants which could "pull it out of a till of one of their stores any day of the week".
Liberal MPs offered a more mixed reaction this morning.
Shadow Finance Minister Jane Hume said there was "always concern" with divestiture powers about whether they would actually decrease prices in the same way fines did.
"We are looking at a way to make sure supermarkets pass on those lower prices from the farm gate on to consumers, and perhaps that might be part of the mix," Senator Hume said.
Frontbencher James Paterson however backed the creation of divestment powers, saying fines for grocer misconduct would be "a good start" but more was needed.
"A targeted divestment power is also necessary because otherwise consumers are going to be taken advantage of by anti-competitive conduct by the big supermarkets," Senator Paterson said.
"And when Australians are struggling with the cost of living, that's just not good enough. And the prime minister's excuses don't add up."
Farmers welcome review
National Farmers Federation (NFF) president David Jochinke said Dr Emerson had endorsed the group's calls for a mandatory code with greater penalties for breaches.
"The status quo clearly hasn’t worked for many producers. Farmers have continued to suffer a massive power imbalance, so we support measures to improve transparency and accountability," Mr Jochinke said in a statement.
"Farmers need this stronger protection in negotiations where there is a large number of small producers dealing with a small number of large retailers."
The NFF, however, has not backed the creation of divestiture powers, and Ausveg public affairs manager Lucy Gregg said the peak body for Australia's vegetable industries did not either.
Ms Gregg said "overzealous" market intervention could have unintended consequences.
But she welcomed support for proposed improvements to dispute resolution.
"Fear of retribution is a very real thing for our for our growers. So finding pathways for dispute resolution which protect them is really important," Ms Gregg said.
A Senate inquiry and a wideranging review by the Australian Competition and Consumer Commission are separately examining the supermarket sector.
Dr Emerson will deliver his final recommendations by the end of the financial year.