If they tried, then you could make a case you needed a mandatory code, but at the moment that seems unnecessary.
Further, the fine of $500 million is hardly ever likely to be justified. If there is an imbalance of power, then we are talking about small suppliers, not ones to whom the damage caused by improper dealings could be as high as 10 percent of a retailer's turnover.
The prime minister tried to waffle his way through this one. He told ABC News that:
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"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."
Apart from distracting from the real villains of cost of living-this and previous governments and the RBA and the union movement-the report is also designed as a wedge between the Liberals and the Nationals.
Every time the government references the code they talk about "farmers and suppliers," putting the weight on farmers, who are represented by the Nationals.
Even though the Nationals represent some of the poorest Australians, their heart is with their agricultural constituents, some of whom sit in their party room.
Opposition Leader Peter Dutton, representing a middle-income, outer-suburban seat might want lower prices, but he still has to accommodate his partners in some way.
He's done this with a counter wedge, suggesting the government ought to have "divestiture powers."
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This was first advanced by Nationals leader David Littleproud, and Mr. Dutton is a late adopter, however, it does address one of the issues that might have an impact on prices–competition.
Australian Opposition Leader Peter Dutton speaks to the media during a press conference at the Commonwealth Parliament Offices in Brisbane, Australia, on June 5, 2022. (AAP Image/Russell Freeman)
Even better from Dutton's point of view, the government has ruled it out and branded it "populist."
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