Supermarket Power: Serving Consumers or Harming Competition, February 2014
This paper analyses the sources of supermarket power vis-à-vis shoppers and independent brands. This power transforms leading supermarkets into vertically-integrated competitive bottlenecks that are able to restrict competition between brands (including their own ones) and reduce consumer welfare. However, competition enforcement has failed to address their bottleneck role and the negative consequences of their practices on dynamic competition (i.e., a market where the competitive process fosters innovation, quality and variety), the ultimate goal of competition policy. This paper proposes complementary regulatory and competition remedies to ensure that access to supermarket platforms and competition within them promotes fair dealing, consumer welfare and economic growth. It draws inspiration from the remedies enforced in other competitive bottlenecks such as CRSs, mobile communication networks, internet service providers, internet search engines and credit card networks.
Distribution of Daily Consumer Goods: Competition, Oligopoly and Tacit Collusion, April 2009
This study of the Basque Competition Auhority, authored by Javier Berasategi, assessed the competitive structure of the Spanish grocery retail market and retailers' commercial practices vis-à-vis their suppliers. The study concluded that at least the three leading supermarkets in Spain enjoyed a collective dominant position in the market and the commercial practices that imposed unfair terms or discriminated independent brands could be regarded individual abuses of their joint dominance.
Comment to EC roadmap reform vertical agreements, December 2018
A submission to the European Commission's consultation on the evaluation roadmap of the Vertical Block Exemption Regulation and Vertical Guidelines.
Javier Berasategi
A critique to DG COMP Chief Economist, November 2018
A reply to the DG COMP Chief Economist's contribution to the Commission staff working document - Impact assessment of the Directive on unfair trading practices in business-to-business relationships in the food supply chain, Annex H - “Economic Impact of unfair trading practices regulation in the food supply chain”.
Javier Berasategi
A critique to the BKT on RPM in food retailing, March 208
A reply to the Bundeskartellamt's consultation on the Guidance note on the prohibition of vertical price fixing in the brick and mortar food retail sector.
Javier Berasategi
"Supermarket Platforms", November 2017
Presentation to the European Commission's High Level Forum on Food Supply Chain, Expert Sub-Group on private labels, Brussels, 23 November 2017
Javier Berasategi
"Supermarkets and Competitive Bottlenecks: Competition and Regulatory Issues", October 2016
Presentation to the UNCTAD's Intergovernmental Group of Experts on Competition Law and Policy, Roundtable on enforcing competition policy on the food retail sector, 15th Session, Geneva, 19-21 October 2016
Javier Berasategi
"Regulatory interventions and competition between branded and private label goods", Oxford, June  2014
Presentation at Symposium "Trends in Retail Competition", Centre for Competition Law and Policy, University of Oxford, June 2014 - "Regulatory interventions and competition between branded and private label goods"
Javier Berasategi
"Supermarkets and Competitive bottlenecks: Competition Issues and Remedies", Lisboa, May 2014
Presentation at seminar of the Autoridade da Concorrença, Lisboa, May 2014 - "Supermarkets and Competitive bottlenecks: Competition Issues and Remedies".
Javier Berasategi
"Competition law in the Agri-food Chain", November 2013
The application of Competition Law to the agri-food chain is possibly one of the most exciting challenges faced by the authorities and experts in this area. This article flees from an academic and descriptive vision of the state of the matter, which can be found in many reports penned by the competition authorities themselves and in articles of law, instead offering the reader, whether they be experts or amateurs in the material, a provocative personal reflection on the bowels of Competition Law, explaining its apparent split from the reality of the agri-food chain and offering a proposal to bring these standards closer to the economic reality, not the opposite.
Javier Berasategi
Presentation to the Food Chain Network (OECD), October 2013
Presentation at 5th meeting of the Food Chain Network (OECD), devoted to Competition along the Food Chain (30-31 October 2013, Paris).
Javier Berasategi