Competition Issues in the Agricultural Sector Cornelius Dube CUTS Centre for Competition, Investment and Economic Regulation (CUTS CCIER) Introduction and Outline • Agriculture sector chosen for detailed research under 7up4 • Many competition concerns in broad agriculture sector – Stock feeds; dairy; beef; agrochemical; farm implements etc. • Presentation – focus on crop produce only – examines the value chain » Input supply » Crop production » Marketing 2 Input Supply Stage • Focus on seed and fertiliser purchase – Conduct of suppliers, i.e supply terms and pricing • Significance: multiplier effects downstream, especially on production decisions, thus prices and supply • Implication for policy: Check anticompetitive behaviour, especially abuse of dominance 3 Competition Concerns in Seed Sector • Concerns about varieties produced under intensive research technology by MNCs: – exploitative monopolistic practices – Excessive pricing, unfair buying conditions e.g. difficult minimum buying quantities – Unfair use of power stemming from IPR – DuPont alleges Monsanto abuses its IPR in genetically modified corn and soy bean seeds (June 2009) • Cartelisation (price fixing and market allocation) – Co-existence of Shortages and abundance • Outcomes of government induced outcomes – Price controls and poorly designed subsidy programmes 4 Competition Concerns in Fertiliser Sector • Policy induced and behavioural anticompetitive conduct • Price controls and poorly designed subsidy regimes – Shortages in developing countries » Subsidies on Bangladeshi publicly run urea factories shut out private players (7up2) • Monopolised and cartelised production processes – Record fine for Sasol in SA for abuse of dominance and collusion 5 Competition Concerns in Production/Farming Stage • Few competition concerns, and only arising from market power – Crops dominated by huge firms / associations » tea for domestic use in Mauritius, Zimbabwean sugarcane – Companies initiating contract farming/ controlling vertically integrated processes » financial institutions in Bangladeshi soybean market » Discrimination against non-contract farmers 6 Competition Concerns in Marketing Stage • Importance: determines profits – Reduces profit margins, thereby re-investment and hence future output • Harms by reducing quantities available for consumption • Implication: Prioritise Control 7 Marketing Stage: Three perspectives • Middle men – Cartels, monopsonistic buying (Nigeria, India, Bangladesh) – Loss to commodity exporting countries estimated at over USD 100 bn (World Bank 1997) • Processing Firms – Abuse of monposony (grain purchase in Laos), – Unfair trading practices (Zambian cotton, Malawian tobacco) – Cartelisation (Nepalese sugarcane, Indian basmati) • Government controlled monopsonies – Artificially low prices paid to farmers adversely impacting economic viability and number of producers (Nigerian palm oil, Mauritian tobacco) 8 Role of Competition Authority/Govt. : Dealing with Issues • Address behavioural competition issues: cartelisation and abuse of dominance » Action: Effective implementation of competition laws • Removal of policy induced barriers (price control, subsidy, marketing related policies) » Action: Advocacy to harmonise govt policies to minimise anti-competitive effects • Deal with anti-competitive effect of middlemen » Action: Alleviate market imperfections / asymmetric information to benefit farmers 9 THANK YOU For further details email: cd@cuts.org C-cier@cuts.org 10