Co-op has admitted to 107 breaches of an Order put in place to stop supermarkets imposing restrictions that block rivals from opening competing stores nearby.
The Competition and Markets Authority (CMA) found that the supermarket chain, which owns almost 2,400 stores across the UK and holds a 5.1 per cent market share of the UK’s £190.9bn supermarket industry (IbisWorld), breached the Groceries Market Investigation (Controlled Land) Order 2010.
The CMA was concerned that this substantial number of breaches demonstrated a significant failure of compliance for a business of Co-op’s size. Having already addressed 104 agreements, Co-op has also agreed to resolve the remaining 3.
Daniel Turnbull, Senior Director of Markets at the CMA said:
“Restrictive agreements by our leading retailers affect competition between supermarkets and impact shoppers trying to get the best deals.
“We know that Co-op has made a considerable effort to amend all their unlawful agreements, given this Order has been in place since 2010. Co-op and the other designated retailers must make sure they do the right thing by their customers in the future.”
Today’s action is part of a targeted programme of activity by the CMA to enforce the Order’s rules on land agreements, and thereby protect competition between businesses, helping to keep prices down for supermarket customers. This includes action on similar breaches of the same rules by Tesco in 2020 (23 breaches); Waitrose in 2022 (7 breaches); Sainsbury’s (18 breaches); Asda (14 breaches) in 2023; Morrisons (55 breaches); and Marks and Spencer (10 breaches) in 2023.
Breaches in Scotland
Restrictive Covenants on land (which have ended or which Co-op will seek to end)
• Woodside Road, Glenrothes, Fife
• Tulloch Square, Tulloch, Perth
• Countess Crescent, Dunbar, East Lothian
• North Muirton Shopping Centre, Argyll Road, Perth
Exclusivity Arrangements which were not capped at 5 years (which have ended or which Co-op will seek to end)
• Dunure Road/Cumbrae Drive Alloway, Doonfoot, Ayr (on two occasions)
• Howden West, Livingston, West Lothian
• Hillside, Leathan Fields, Portlethen, Aberdeenshire
• Greenock Road, Bishopton, Renfrewshire
