Handle9: Why would the government pay compensation? They didn’t compensate telecoms shareholders for unbundling. If an organisation has undue market influence then it’s to be expected that they could
be forced to restructure.
No one would be forced to make their business worthless, they would be forced to break them up into smaller entities. If it happened there would be winners and losers but that’s how it goes. There is no compensation for consumers who have potentially been effected by anticompetitive behaviour nor should there be compensation for forced restructuring.
This ignores two core differences:
Foodstuffs is not a monopoly spun out of a government department that became an SOE.
Foodstuffs operates as a co-operative (with shareholders being 100% store owner-operators) as it has for 101 years from the original company formed in 1922. There is therefore nothing in common with the evolution of Telecom and the situation today with the duopoly in the groceries business.
The formation of a duopoly has eventuated from various takeovers and mergers of Foodstuffs competitors. There is a long story on this including Commerce Commission takeover decisions appealed to the Privy Council.
The issue of divestment remains and for Foodstuffs to be forced to divest any stores is unique to the structure of a co-operative - it does not own the stores and its share register is 100% store owners. Woolworths NZ is not a co-operative and there are stores that are company-owned so the issue therefore does not arise as long as the number of company-owned stores exceeds the number of stores it may be forced to divest.