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CC Finds Competition Weak

The Competition Commission (CC) has provisionally found that there are features of the supply of domestic bulk lpg in Great Britain and Northern Ireland that prevent, restrict or distort competition.

These features have had an adverse effect on competition, which has led to most lpg customers paying higher prices than would otherwise have been the case, it says.
Peter Freeman, chairman of the inquiry group, said: “We have provisionally concluded that competition is not working as effectively as it should and that consumers are losing out as a result.

"Customers face a number of hurdles in obtaining a quote from another supplier, let alone the best deal, and it is not necessary to change tanks when a customer switches supplier. The market overall is not expanding significantly. The effect of all this is to limit competition between suppliers and discourage entry and expansion, leading to higher prices for most consumers.

"We are now moving to remedy this."

Tom Fidell, director general of the LPGA, said: “The LP Gas Association and its members are cooperating fully with the Competition Commission on this matter and will be responding, as appropriate, by the designated deadline."

The features that the CC has provisionally found prevent, restrict or distort competition are:

  • The way suppliers set the terms of and control information about the process of switching supplier
  • The practice of replacing the outgoing supplier’s tank with a tank belonging to the incoming supplier and the resulting costs to suppliers, and charges and inconvenience to customers, which discourages suppliers from competing for existing lpg customers and customers from switching suppliers
  • The limited information available to customers on their ability to switch suppliers, their liability for charges, the inconvenience of the process, and the alternative suppliers to whom they might switch
  • Contractual restrictions, including minimum terms and notice periods
  • The limited ability of suppliers to identify and target marketing efforts on customers
  • The modest prospects for growth in the market, which act as a barrier to entry and expansion by smaller suppliers.

The CC has also provisionally found two further features that reduce competition only in Great Britain:

  • Low customer awareness of other suppliers’ offers and difficulties in comparing prices due to the lack of transparency
  • The offering of selective discounts to customers that threaten to switch, enabling suppliers to deter competitors from winning their customers and to sustain higher standard or average prices than would otherwise be the case.

The CC acknowledges the need to ensure safety in the supply of lpg, but has provisionally found that none of the adverse effects identified in the lpg market stem from safety requirements.

The CC has published a notice of the actions that might be taken to remedy the adverse effects. The view of the CC is that the features can be remedied by behavioural undertakings and that structural remedies will not be necessary.

The CC has asked for suggested remedies that would:

  • Arrange for the ownership of the tank to be transferred to the incoming supplier or the customer when the customer switches supplier
  • Standardise the process of switching supplier
  • Improve the information available on the switching process
  • Improve the information available on other suppliers and their offers
  • Address barriers to switching through contract terms
  • Reduce contractual notice periods.

www.competition-commission.org.uk/inquiries/current/gas/index.htm


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