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Comment: Bitter bread deal: Why $500 million isn’t nearly enough

This price-fixing scheme cost Canadian consumers $4.3 billion to $4.9 billion due to inflated bread prices over 14 years.
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A Loblaws store in Toronto. THE CANADIAN PRESS/Nathan Denette

A commentary by the senior director of the Agri-Food ­Analytics Lab at Dalhousie University in Halifax.

The bread price scandal, which has been unravelling since 2001, continues to leave a sour taste in the mouths of Canadians.

Despite the recent ­announcement that Loblaw and George Weston Ltd. will settle a class-action lawsuit by compensating Canadians about $500 million, the matter remains unresolved.

The scandal began when Loblaw and Weston Bakeries, then under the ownership of George Weston, admitted to colluding with other major grocers and Canada Bread to fix bread prices between 2001 and 2015.

This price-fixing scheme, according to our calculations, cost Canadian consumers anywhere between $4.3 and $4.9 billion due to inflated bread prices over 14 years. While the $500-million settlement might seem substantial, it pales in comparison to the true cost of the scheme.

In 2017, when Galen Weston first acknowledged the involvement of his companies in the scandal, about 3.84 million Canadians registered to receive a $25 gift card from Loblaw.

This amounted to roughly $96 million in compensation, suggesting that Canadians should anticipate an additional $400 million once the courts approve the settlement.

Meanwhile, Loblaw’s recent financial performance indicates modest yet noteworthy growth in the retail sector. The company’s overall revenue in the second quarter reached $13,947 million, marking an increase of $209 million or 1.5 per cent, with retail segment sales rising by $187 million or 1.4 per cent.

Specifically, Loblaw’s food retail division experienced an increase of 0.2 per cent in same-store sales, despite a national decline in food and beverage sales by nearly one per cent since January, according to Statistics Canada.

These figures suggest that the purported boycott of Loblaw, driven by allegations of profiteering, had minimal impact on the company’s financial health.

The narrative that social media platforms like Reddit fuelled the protest against Loblaw is largely inaccurate. It was, in fact, poor reporting by certain media outlets that gave rise to the movement.

This protest was largely politically motivated and lacked substantial evidence, leading to misguided public outrage.

However, the frustration and resentment directed toward the food industry are completely understandable, given the lack of protection against such behaviour.

The Competition Bureau has been investigating the bread price-fixing scandal for nine years. Thus far, Loblaw, Weston Bakeries, and Canada Bread (which paid a record-breaking $50-million fine last year) have admitted their guilt.

However, Walmart Canada, Sobeys, Metro and Giant Tiger, all of whom deny their involvement, remain under investigation. It is imperative that this investigation concludes promptly.

Canadians will receive an additional $400 million in compensation, thanks to the efforts of lawyers and the courts, not the Competition Bureau. This sum represents only about 10% of the estimated $5 billion that Canadians overpaid for bread over 14 years. The public’s outrage is justified.

Moreover, not a single ­executive has faced arrest, charges or conviction for price-fixing.

In the United States, such behaviour is met with severe consequences. For instance, Chris Lischewski, the former CEO of Bumble Bee Foods who was just released from jail, was sentenced to 40 months in prison for price-fixing canned tuna, during a three-year period.

In contrast, Galen Weston received immunity from the Competition Bureau despite admitting to 14 years of bread price-fixing.

Unless the total compensation approaches the $5-billion mark, Canadians have every right to remain skeptical and upset with the food industry.

The settlement is a step in the right direction, but it falls short of addressing the full extent of the damage caused by this prolonged price-fixing scheme.

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