Enhancing Competition in the Petroleum Industry — The Role of Co-Operatives Prepared for the Department of Fair Trading by the Western Research Institute December 1999 TABLE OF CONTENTS Executive Summary 3 1. What is the Brief of this Project? 7 2. Does Australia have a Petrol Price Problem? 8 3. How important is the Country-City Petrol Price Differential? 9 4. How complex is the Country-City Petrol Price Differential Problem? 10 5. What are the causes of the Country-City Petrol Price Differential? 12 6. What are the Barriers to Entry in Country Markets? 15 7. How did the Petroleum Industry Operate Pre 1996? 17 8. What has happened to the Industry since 1996? 19 9. How have Post 1996 Developments Affected the Country-City Petrol Price Differential? 23 10. What are the Current Changes taking Place in the Petroleum Industry? 25 11. Is Cross Subsidisation and Cherry Picking an Issue to be Considered in any Solution to the Country-City Petrol Price Differential Problem? 28 12. What is Terminal Gate Pricing? 29 13. What are the Pre-conditions for a Sustained Narrowing of the Country-City Petrol Price Differential? 31 14. What are the Proposals from the Market Participants to Solve the Country-City Petrol Price Differential Problem? 32 15. Would the above Proposals Individually or Together Narrow the Country-City Petrol Price Differential? 36 16. What are the Possible Competitor Responses to the Establishment of Co-operatives? 40 17. What are the Major Findings of this Study Concerning the CountryCity Petrol Price Differential? 42 18. What are the possible roles for Co-Operatives? 44 19. What are our Recommendations Concerning Co-Operatives? 45 20. The Authors 46 Appendix 1 47 2 of 47 Executive Summary • • • • • • Australia’s petrol price problem is essentially the differential between country and city petrol prices. The problem is important because petrol is a highly visible cost of living and a factor cost of virtually all business. The differential inhibits regional economic development both by the cost impact and the perceptions it helps create about performance of regional business. The major causes of the country-city petrol price differential are: local competition factors, such as a non-price competition culture among country service stations; cost and efficiency factors related to freight, small volumes and lack of attached shops etc in country service stations; differential wholesale pricing where country retailers do not receive the same level of rebates from the wholesale price as do city retailers; and regulation factors, where the Sites Act inhibits the oil majors from competing directly in country retail markets. In 1996, the ACCC linked deregulation with the need to establish non-major branded independents with independent supply (including imported) and the need for country site rationalisation. Considerable progress has been achieved on this agenda and the benefits have started to move into country areas. Non-major branded independents, such as Woolworths, Liberty, Burmah, Diamond and Volume Plus, have lowered metropolitan petrol prices and accentuated a strong weekly price cycle in both Melbourne and Sydney. Only Woolworths has a wide spread presence in country areas but Diamond and Volume Plus are now making inroads and Liberty has intentions of a major entry into country markets. The Orana Petrol Gauge produced by the Western Research Institute and funded by the Orana Regional Development Board estimates the Notional Retail Margin for approximately sixty country (defined as outside Sydney, Wollongong and Newcastle) and metropolitan sites. The Notional Retail Margin is the difference between the retail price and a calculation based on the Singapore petrol price, the local component, any applicable state tax adjustment and freight to that centre. The Gauge found that on the four survey days, over the last eighteen months, country towns with a nonmajor branded independent had a Notional Retail Margin of 2.2 cents per litre compared with an average of 6.2 cents per litre for country towns without a non-major branded independent. The average for metropolitan centres was –1 cent per litre. One oil major argues that this overstates the differential but the major has included Newcastle and Wollongong as country. There are a number of positive proposals from petrol market participants to solve the country-city petrol price problem. These include: 3 of 47 a) Liberty is anxious to establish Liberty controlled retail sites in country areas. Liberty is capable of making major inroads into the NSW country petrol retail market by virtue of its long-term supply agreement with a major domestic refiner and with its access to the import terminal at Botany. Liberty has also offered technical expertise to assist with the installation of petrol reselling equipment and provision of low cost product on long-term supply arrangement for the establishment of cooperative distributors and retailers in small country centres. Liberty maintains that covenants and deeds of option of the sale of old service station sites, (to prevent the re-use of these sites as service stations) are obstructing their entry into country markets. b) Diamond wishes to extend the service it currently provides to large NSW farmers, to small and medium sized farmers. Diamond is prepared to offer its expertise to assist in their establishment and to provide longterm low cost product. Diamond is also prepared to supply fuel wholesale to any service station. c) Woolworths has offered to supply wholesale product to existing service stations and co-operatives on the same terms that they secure product plus a small margin. d) BP through its Terminal Gate Pricing (TGP) system provides a platform for ending wholesale price discrimination against regional centres. The TGP system operated by BP has greater transparency and represents a more logical cost/price build up without “top down” rebates confusing the issue. The cost build to a rural consumer then becomes more transparent to the extent that the difference between the TGP and the rural price represents freight, distributor costs and margin and retail margin. e) Mobil maintained that they had an active terminal gate market. This is reinforced by the number of contracts they have entered into to supply independents such as Burmah and Apco. They also have a growing network of independent brand retail sites that they are supplying. Mobil appears willing to participate in genuine wholesale marketing independent of their own retail business. f) Caltex focussed on cost and efficiency factors. For them the key to narrowing the country-city petrol price differential was removal of the Sites Act to increase competition and consequent rationalisation of the number of sites in country areas to reduce cents per litre costs. Removal of the Sites Act would give Caltex the ability to pursue a low price/high volume marketing strategy to compete directly with Woolworths and other independent chains. An interesting issue for Caltex is the need to transform work practices in country areas to improve efficiency. 4 of 47 g) Shell also focussed on cost and efficiency factors and argue that the removal of the Sites Act would allow them to invest in and compete actively in country markets. Shell has significantly restructured its distribution and retail network via the adoption of the multi-site franchise system. However, it is yet to achieve significant country site rationalisation. • • • • • In combination these proposals are likely to significantly close the countrycity petrol price gap. However, to ensure the continuance of this process it is essential that a competitive and transparent wholesale market be established to ensure supply to all retailers for both existing and new entrants. BP and Mobil appear to have moved further in this direction than Caltex and Shell. There are a number of complexities in facilitating the entry of non-major branded independents into country areas to lower petrol prices. These include the closure of service stations and the resulting job losses and cherry picking by new entrants with the loss of cross-subsidisation of pricing and services to particular groups, such as, subsidised delivery to farmers by local distributors. Research by Caltex suggests that lower petrol prices in country areas would result in a net increase in jobs even though there would be job losses in service stations. A substantial amount of capital would also be released from service stations to be used for other investment. The cross-subsidisation losses however need to be addressed and co-operatives may be a means of achieving this. Petrol is a volume driven industry and hence it is unlikely that non-major branded independents will, of their own accord, enter small communities. Therefore, small communities may be excluded from the benefits of greater competition in the petroleum industry. Repeal of the Sites Act will be required to enable the four majors to restructure their country networks. However, this is seen as a necessary but not sufficient condition for lowering the country price differential. The timing of the repeal is currently a political issue that rests on an assessment of the degree to which necessary improvements to competition in the wholesale and retail markets, outlined in the ACCC report of 1996, have been achieved. An important role for co-operatives in country petrol pricing can be identified. However, it is considered that this role would be restricted to those geographical areas and market segments that would be least likely to receive market led competitive benefits that are currently moving into the country market. These geographical areas and market segments such as small towns and farmers groups could even be disadvantaged with an end to cross-subsidisation as country distribution and retailing becomes more 5 of 47 competitive. For them a co-operative may be the means for competitively priced delivered petrol. • Progress is being made on the issue of the country-city petrol price differential. This progress can be hastened by a receptive approach by regional NSW to structural change taking place in the industry. But government interaction to establish co-operatives is likely to be an important initiative to ensure that the benefits of restructuring are enjoyed by all of regional NSW. It is also important to monitor both the country-city petrol price differential and outcomes from the recently released Commonwealth Government “Downstream Petroleum Products Action Agenda” which addresses the issue of investment in the refining part of the industry. 6 of 47 1. • • • • • What is the Brief of this Project? The New South Wales Minister for Fair Trading, The Hon John Watkins, is addressing the issue of unfair petrol prices in country areas and this study is supporting this initiative. The aim of this study is to broadly examine the economic issues associated with the formation of co-operatives to address petrol pricing issues and ways in which competition can be promoted in the petrol industry. The outcome of this study is a set of recommendations about ways in which the Department of Fair Trading can enhance competition in petrol markets with particular emphasis on the possible role of co-operatives. The focus of this study is on petrol industry issues. It should be read in conjunction with a companion study, “Development of Co-operative Type Structures for Lowering Petrol Prices in Rural New South Wales” prepared by the Australian Centre for Co-operative Research and Development. The project has been funded under the Co-operative Development Fund. The approach in this study included face-to-face interviews with: • Mr Robert Condor, Manager, Wholesale Systems and Mr Frank Topham, Government Affairs Manager, Caltex Australia Limited; • Mr Ian MacKenzie, Retail Strategy Coordinator, Shell Ltd; • Mr Lex Cusin, General Manager, Distributor Australia/New Zealand, and Mr Andrew Van Der Zwan, National Operations Manager, and Ms Sam Potts, Manager External Relations & Communications, Mobil Oil Australia Ltd; • Mr Mike McGuinness, Manager, Fuels Product & Pricing and Mr Bill Frilay, Manager Government Relations, BP Oil; • Mr Bruce Dunsmore, Director and Mr John Rathgeber, Diamond Petroleum Pty Ltd; • Mr Mark Kevin, Chief Executive and Mr David Wieland, Joint Chairman, Liberty Oil Pty Ltd; • Professor Alan Fels, Chairman, Mr Geoff Asher and Ms Margaret Arblaster, General Manager – Transport Regulatory Affairs Division, Australian Competition and Consumer Commission; • Mr Brian Marks, Executive Officer, Service Station Association; • Mr Merv Bilske, Marketing & Operations Manager, Westoil Petroleum Pty Ltd, a country based distributor; and • Mr Hans Sidler National Manager, Petrol, Woolworths Plus Petrol. • Additional resources employed included analysis of petrol pricing data and industry information formulated by the WRI over a number of years of research into petrol pricing in country areas. 7 of 47 2. • • • • • • Does Australia Have a Petrol Price Problem? Figure 2.1 suggests that Australian average petrol prices are competitive compared to other OECD countries (AID News, 1999, Number 3). Petrol prices world wide have risen as a result of the OPEC decision in March 1999 to cut production by 2 million barrels per day which subsequently took crude oil prices from $10 per barrel in January to the current $26 per barrel. Prices in Australia were also affected in Mid 1999 by rising refining margins caused by the closure of some refineries on the West Coast of the USA. There is considerable variation in the typical retail petrol price in Australia. Country areas in particular pay a much higher price for petrol than capital cities. It should be noted that other variations include a differential in prices in some capital city areas such as prices in the Northern Suburbs of Sydney are usually higher than those in the Western Suburbs of Sydney. There is also a weekly price cycle in capital cities where prices typically rise at the end of each week. It is the differential between country and city petrol prices and the practices that cause the differential that have created a poor public image and distrust of the oil majors despite claims that returns to the industry in Australia are very low. Australia’s petrol price problem is essentially the differential between country and city petrol prices. Figure 2.1 8 of 47 3. • • • • • • How Important is the Country-City Petrol Price Differential? Petrol is a cost of living and a factor cost to virtually all business. Noncompetitive high country petrol prices reduce the competitiveness of country business at a time when the pressures of globalisation and national competition policy are being keenly felt. There is a misconception within Australia that all country areas are in economic decline. The Western Research Institute Business Survey confirms the strong performance of some regional areas such as the Central West of NSW. Petrol prices are the most visible price in a community so large differentials between country and city prices reinforce this misconception and could cause potential investors to doubt the viability of investing in country areas. Petrol pricing arrangements particularly in country areas create a situation of dependency on metropolitan-based oil majors further reducing the attractiveness of locating or investing in country areas. Lack of competition in country areas translates to as much as ten cents per litre difference between country and city prices. Research by the Western Research Institute shows that competition from non-oil major brand outlets in country areas can reduce the difference between country and city prices by between three and six cents per litre. (See Orana Petrol Gauge and The Supermarket Revolution in Australian Petrol Retailing, Implications for Country Australia, Regional Economics Research Unit, October 1997) If NSW country is defined as all of NSW excluding Sydney, Hunter and Illawarra regions and car owners are assumed to drive on average fifteen thousand kilometres per year with consumption of petrol at ten litres per one hundred kilometres then reducing country petrol prices by five cents per litre would save country consumers thirty-six million dollars per year. Caltex commissioned Corporate Economics Australia to study the potential impact of lower prices of petroleum retailing. This study found that if petrol prices fell by five cents per litre twice as many jobs would be created in other businesses are lost in service stations and $500m in capital would be freed up for other investments instead of being tied up unproductively in country service stations. The study also found that a five cent per litre fall could reduce the number of country service stations by fifty percent over five years. (see Caltex Agenda No 7). 9 of 47 4. • • • • • • • How Complex is the Country-City Price Differential Problem? The country-city price differential problem is not a simple issue. The nature of the problem varies between large provincial cities, medium sized towns, villages, hamlets and farms. It also has the dimension of employment and the promotion of small business. In large provincial cities price parallelism and even tacit collusion can result in high prices and high Notional Retail Margins (the Notional Retail Margin is the retail price minus the wholesale price). The high returns from these retail operations can be captured by the local retailers or by the oil majors, the latter through a mechanism called “claw-back” (identified in Murphy et al, “Efficiency and Competition in Rural Petrol Markets” Agenda Vol 3 No 4 pp 441-448). The Orana Petrol gauge has identified some centres with very high Notional Retail Margins such as Albury-Wodonga, Armidale, Coonamble and Coonabarabran. In other country centres high prices may be the result of too many small scale service stations who incur inefficient handling of fuel, lack economies of scale and do not have an adjoining store or food outlet. In small villages and hamlets the survival of the local service station can be under threat by price competition in the adjacent larger town brought on for example by the entry of Woolworths Petrol Plus. The loss of a service station can, like the loss of a bank, cause the village or hamlet to lose critical mass and ultimately cease to exist. In all country centres there is a substantial amount of “under canopy” pricing where farmers, local government, business and other organisations receive discounts and hence pay less than the posted price. Making the posted price more competitive may lead to a reduction in or loss of “under canopy” pricing for some country consumers. Any attempt to make country service stations more competitive will inevitably raise concerns about service station closures, job losses and the impact on small business. However, the Caltex report referred to in the previous page shows that lowering petrol prices has a net job creation effect. Moreover, restructuring of petrol retailing is already underway and initiatives such as multi-site franchising are moving petrol retailing out of the hands of small business anyway. Reported low returns to the oil industry have made the industry far more “cost conscious”, so some services in country areas such as “on demand” delivery to farms are already being phased out. Thus, farmers in particular 10 of 47 are under threat of further fuel delivery cost increases which further reduces their competitiveness in an already tight economic environment. • • The existing distributor retail network in country areas is, in many instances, a long-standing one involving personal relationships between the players. In this context rationalisation of the industry in country communities can be difficult. Country service stations face challenges in addition to those from the petroleum industry. The traditional model of a service station with the adjoining workshop is under threat from national automotive repair franchisees such as Ultratune. 11 of 47 5. • What are the Causes of the Country-City Price Differential? There has been considerable debate in recent years as to the causes of the country price differential. However, regardless of the different positions adopted, it is generally accepted that the debate focuses on four key factors which are: 1. 2. 3. 4. Local Competition Factors; Cost and Efficiency Factors; Wholesale Pricing and Supply Factors; and Regulation Factors. Local Competition Factors • • • Nonprice competition. A culture amongst country resellers of non-price competition and conscious or unconscious price parallelism. Collusion? Extreme interpretations include claims of tacit collusion and “local community” pressure on individual dealers who attempt to discount fuel. Attitudes. Other claims include a “country” attitude that lacks the competitive profit driven culture of the metropolitan markets. The country attitude also applies to consumers of petrol and local government. There is some evidence that country consumers are less responsive to petrol discounting than city consumers and local governments have frequently obstructed the entry of new petrol suppliers to their communities. Cost and Efficiency Factors • • • Volume. Principal amongst these factors is the smaller volumes sold by country dealers so that the considerable fixed costs of a service station are spread over fewer litres on a country site. This volume differential may be rising with the extensive restructuring of outlets that has occurred in metropolitan areas. Storage. Country outlets with smaller volumes typically have smaller storage tank capacity. This necessitates small delivery loads, which not only adds to costs but also entrenches the country distribution system with distributor depots and double handling. (Each handling of the typical 40,000 litre load of petrol can result is losses of 600 to 700 litres). Larger sites with large capacity tanks are capable of receiving direct deliveries from city terminals in the same manner as their metropolitan counterparts. Freight Charges. Undeniably, the cost of freighting fuel to country areas from city based terminals must generate a country price differential. 12 of 47 (Freight costs are between 0.8 to 1 cent per litre per 100 kms for large tanker direct delivery.) • • • Shop. The modern metropolitan outlets typically have an attached “shop” business, which contributes significantly to returns on that outlet. In some cases this is claimed to be the major source of revenue. Staffing Inefficiencies. Claims of over staffing and driveway service in country outlets are said to increase country costs and add to inefficiencies. Retail Margins. It is claimed that cost and efficiency factors necessitate retail margins of 4 to 7 cents per litre in country areas while metropolitan outlets can operate on margins of 2½ to 3 cents per litre or less. Wholesale Pricing and Supply Factors • • Differential Wholesale Pricing. Country dealers have traditionally been charged a notional maximum wholesale price. (Previously the maximum Wholesale Endorsed Price or MEWP approved by the ACCC). In contrast, most metropolitan dealers are supplied at the maximum wholesale price minus rebates, thus providing metropolitan dealers with an effective lower wholesale price. The major brand companies dispute that this practice represents wholesale price discrimination, arguing that the metropolitan discounts are necessary to enable metropolitan dealers to survive in a more competitive market. This practice of providing rebates to city retailers but more rarely to country retailers has continued despite the removal of the MEWP in August 1998. Independent Supply. Without access to guaranteed supply at competitive wholesale prices, it has been extremely difficult for any country retailers to countenance a price driven competitive strategy. Prior to 1996 independent supply was problematic for independent retailers. However, as shown below the situation has since improved. Regulation Factors • Background. The principal form by which competition was regulated was via wholesale pricing endorsement and two Acts of legislation commonly referred to as the Sites Act and the Franchise Act. (The Petroleum Retail Marketing Sites Act 1980, and the Petroleum Retail Marketing Franchise Act 1980). The wholesale pricing endorsement involves the Prices Surveillance Authority and subsequently the ACCC setting the MEWP across Australia. In practice all retailers were charged the MEWP but city retailers received a rebate in the form of price support. Therefore, the MEWP provided a platform for price discrimination against country retailers. The regulations only applied to the major oil companies. The ACCC in its report on the industry in 1996, recommended that all three forms of 13 of 47 regulation be removed but on a phased basis and subject to certain competitive conditions being met. Fundamentally, the key area of concern was the creation of an openly competitive wholesale market with no barriers to entry for potential new entrants to the industry. In this respect, the provision of access to imported fuel for new entrants and the undertaking by Caltex/Ampol under its merger approval conditions, to supply a minimum volume of its refinery supply to independents, and the development of an import market for supply of independents, were critical developments. • Sites Act. The Sites Act is a critical factor in the country pricing debate. It limits the number of outlets that the majors can own and operate. In order to work around this Act, the majors are forced to operate many of their outlets on a franchise basis. The oil majors argue that this Act is a major impediment to restructuring of their country networks. 14 of 47 6. • • • • • What are the Barriers to Entry in Country Markets? Typically the absence of effective competition in markets is underpinned by barriers that prevent new entrants to the market. Such barriers to entry can come from a variety of sources, including regulatory. Wholesale Supply. Traditionally supply has been a critical barrier to entry for new competitors in both metropolitan and country markets. The indications are now that this barrier is eroding. Imported fuel supplies, large independents and a shift in market attitudes by the major brand refiners to sell openly into the wholesale market, have contributed to this. Local Government. For Woolworths and their Supermarket model (see page 16), the local government approval process for new sites has proven a major impediment that has hindered their rate of penetration of country markets. The power of local small business lobby groups has also proven to be significant in delaying entry to some communities. A role for State Government in facilitating the development application process may be in order. Local Community Perception. A possible degree of misconception or manipulation of community views and interests may be evident in some communities. If local communities want lower petrol prices they must be prepared to accept new entrants and changes to their local industry. Local government in country areas must also embrace this message. Covenants on Existing Sites. An issue raised by some independents is the difficulty they have in acquiring discarded petrol sites in country areas. Intense debate exists about the rights of major brand operators to place covenants (that restrict the future use of that site for petrol retailing) on the sale of sites they wish to close. The oil majors claim that they are acting in the industry’s and the community’s interest when they apply such covenants in order to ensure that the number of retail outlets is rationalised. From a public policy viewpoint, competition should determine the number of retail outlets, not individual players. Legally, however, the position is far from clear cut and needs further investigation at both State and Federal level. Regulatory Factors. • The oil majors argue, to varying degrees that the remaining regulatory impediment to country industry restructuring is the Sites Act. To date abolition of this Act is still blocked by the Senate. Counter views are held by non-oil major operators. Some, such as Woolworths, have argued for its retention to limit oil major capacity to fight off the entry of new entrants 15 of 47 until such time as these new entrants are fully established. Other independent operators now appear less concerned about the Sites Act. • • Critically for the country issue, the Sites Act is becoming increasingly less relevant. Indications are that country markets are not necessarily part of the long-term strategies of all of the major brands. Some have already embarked on restructuring of their operations to work around the Sites Act. Abolition of the Act may therefore be a necessary condition for the major brands to operate competitively and efficiently in country areas but, of itself it is not seen as a sufficient condition to trigger price competitive behaviour in such markets. THE WOOLWORTHS SUPERMARKET MODEL The Woolworth’s formula is a simple one. Small scale petrol vending outlets are built in existing supermarket car parks, ideally near the exit so as not to impede traffic flows. Basic petrol products such as fuel, water, oil and air are the only products sold. There is no motoring shop attached, only a small payment office. The model is based on the one stop shop concept, with petrol being seen as simply one more product line to be added to the supermarket range. Third party operations such as franchising which are common in the rest of the petrol industry are not adopted. The marketing strategy is the same as that for normal supermarket products: convenience of “one stop” location and competitive pricing underpinned by volume sales. In addition to a competitive listed price, Woolworths offers a further 2 cpl discount to customers who produce a Woolworths’ supermarket docket of $30.00 or more. It is understood that approximately 90% of supermarket customers spend this amount when they visit the supermarket. Petrol is sold under the Woolworths name with “Petrol Plus” added, viz, Woolworths Petrol Plus, with the exception of Victoria, where it is marketed under the brand of Safeways Plus Petrol, and in Tasmania where it will be marketed under the brands Roelf Vos Plus Petrol and Purity Plus Petrol. Location of the first Petrol Plus outlets in country towns could be seen as a surprising move, however it is simply a factor of car park availability. Access to suitable car park space is a key ingredient in the location decision and country town supermarkets are more likely to have excess car park space available to be turned over for use as a petrol outlet. There is also less competition in country towns and hence higher margins to be captured. Woolworths appears prepared to consider alternatives to the car park model, such as adjacent existing service station sites, as it did with its Cooma location. 16 of 47 7. How did the Petroleum Industry Operate Pre-1996? Retailing and Wholesale Model • • • • The traditional retailing and wholesaling model in Australia has been a uniform approach of vertically integrated operations with branded retail outlets being considered essential to guarantee sale of Australian refined product. A policy of retail outlet ownership and market share driven competitive strategy was employed. As metropolitan sites were considered the more attractive, this policy resulted in a higher concentration of oil major owned sites in metropolitan areas. In contrast country areas have had a lesser concentration of oil major owned sites (and thus a higher concentration of owner operator sites.) However until recently, country outlets, regardless of ownership structure were overwhelmingly oil major branded sites. The Sites Act restricted the capacity of the oil majors to directly operate their own retail outlets so a franchise system was adopted to operate those sites in excess of the maximum number allowed by the Sites Act. (The Franchise Act was thus introduced as a necessary complement to the Sites Act to protect franchisee operators). Retail Price Support Schemes. Under the franchise model, the oil majors lost direct control over retail pricing. However indirectly they were able to restore a degree of control under the rebate scheme outlined above. Here the franchisee was usually charged the MEWP to which rebates were provided if margins and profit returns fell below a certain level, according to a business plan agreement between franchisee and the oil major owner of the site. In general, country area franchisees were not in receipt of rebates under these support schemes. Their retail margins were considered sufficient as to not justify support. (Certain metropolitan areas also fell into this category, for example, North Sydney) Wholesale Country Price Differential? As discussed previously, this discounted price scheme generated an effective wholesale price differential that discriminates against country retailers. The oil majors argued that this was justified because these country outlets were not subject to the vigorous price competition found in metropolitan markets. Responses to the Sites Act. The wind back in the number of retail sites in recent years has seen the oil majors concentrate their limited number of permitted company operated sites in metropolitan areas. As this process has also involved upgrading and new outlet development, the process has not been without sizeable investment cost. (A new site can cost in the order of $1 – 3 million). Given investment budgetary constraints and Sites Act limits, the major brand companies argued that they have had no incentive to restructure their country operations. This was reinforced by the apparent profitability of country operations. 17 of 47 • • Profit Cross Subsidisation. Whilst this can be seen as a justifiable strategy for the majors to pursue, from a country area perspective it again presents as a form of discrimination: in this case a form of competition discrimination and a form of profit cross-subsidisation of metropolitan areas by country areas. Multi-site Franchising. Another response by the oil majors to the Sites Act restrictions has been the advent of multi-site franchise operations. Here one franchise operator may operate anything from 5 to 70 retail outlets. Adoption of this strategy varies considerably between the major brands. Shell has proven the most vigorous exponent of the multi-site franchise model with a massive overhaul of its retail franchise network. There are several implications of this model. It strengthens the indirect control mechanism implicit in the rebate pricing model across the franchise network. It transfers much of the responsibility for cross subsidisation of retail sites to the multi-site franchise operator. Rationalisation of retail outlets may also be facilitated. A side effect in country areas of multi-site operations is the removal of the “local small business” element from the rationalisation and price competition argument. No longer can the introduction of price competition in a country town be opposed on the grounds of loss of a local small business: the small business franchisee has already been replaced by a multi-site operator from another area; possibly located in a major city. A merging of distributor and retailer roles is also facilitated by this model. Many distributors now operate retail outlets. Their experience at wholesale and retail levels makes them well qualified to become multi-site operators. 18 of 47 8. What has happened in the Industry since 1996? Inquiry into the Petroleum Products Declaration • • • • In August 1996 the Australian Competition and Consumer Commission released its “Inquiry into the Petroleum Products Declaration”. The Inquiry found oil companies had a strong influence on prices and on terms and conditions of supply throughout distribution and retailing. Even so, competition was seen as sufficient in the metropolitan areas of some of the larger cities where independents had a greater presence (p 137). Implicitly the ACCC suggested that there was insufficient competition in regional areas. The ACCC recommended the repeal of the two industry regulation Acts and wholesale pricing endorsement subject to concerns related to competition being fully addressed. Woolworths’ plan to move into petrol sales was hailed by the Australian Competition and Consumer Commission as pro-competitive (ACCC Media release August 1996). The year 1996 was a watershed for the industry. However, many of the changes in the industry which began in 1996 were made possible by the intervention by the ACCC in the Ampol-Caltex merger in 1995. The intervention secured import terminal facilities, retail sites and supply of product for independent players such as Liberty, Burmah and Woolworths. Four Key Factors Local Competition Factors • Independents. Major independent players such as Liberty and Burmah were already present in capital city markets prior to 1996. Post 1996 their penetration into city markets has increased thereby tending to widen and deepen the country-city price differential. They have also caused a strong weekly price cycle in both Melbourne and Sydney. Beginning in Dubbo in 1996, Woolworths adopted a strategy of modern but small car park outlets (Petrol Plus) to complement their supermarket operations. By the end of August 1999, 102 Petrol Plus sites had opened across Australia, 60 of which are in regional and rural Australia. In February 1998, the NSW Farmers’ Association introduced their fuel scheme, designed to bring competition and lower fuel prices to the membership throughout NSW. The Coordinator for the scheme was Diamond Petroleum Pty Ltd of Melbourne who organised the delivery of petrol and distillate in full tanker loads of 33,000 to 40,000 litres to go 19 of 47 direct to the farms from the seaboard terminals located in Sydney, Brisbane and Melbourne. (Deliveries were possible only to farms or groups who could each take a compartment of approximately 6,600 litres). In 1998/99 a third round of low cost independent brands such as Volume Plus and Diamond entered both city and country markets. Prices Oversight. The Orana Petrol Gauge, other price monitoring schemes and the NSW Petrol Hotline have focused very much on the country-city price differential. • Cost and Efficiency Factors Rationalisation – Retail. Rationalisation of retail sites has continued apace across Australia. Large numbers of sites have been closed, and new sites that have appeared are typically larger with additional product lines such as a convenience store, fast food outlet or car wash facilities. However, this rationalisation has been largely restricted to metropolitan areas. Even where competition has intensified such as with the entry of Woolworths Petrol Plus, there have been relatively few service station closures in country areas. Oil majors argue that they will not engage in restructuring their country sites with its associated new investment until the Sites Act is repealed. • Rationalisation – Distributors. For country areas the distributor network is highly relevant as the majority of retail outlets are supplied by distributors. Country distributors also have significant capital investment that is geared to double handling of product and small volume supply. The extent of distributor rationalisation is still unclear, however it appears some of the four major brands have in mind a super distributor model with as few as one or two distributors in each state. Some distributors are essentially acting as brokers for some retailers by organising direct drop from city terminals to the retailer. Distributors are partly or wholly owned by oil majors. The relationship between oil major and distributor is a contentious issue. In this rapidly changing market the extent of ownership and control of distributors is in a state of flux. Claims by non-major operators of major brand control of their distributors are met with claims of denial from the majors. Specifically, majors argue that even though they partially or wholly own distributors they treat them at arms length and the distributor makes decisions in its own business interests. • Wholesale Pricing and Supply Factors • Imported Product. In 1994/95 imported petrol represented only 3.4% of refinery output with the bulk of imports accounted for by the majors. Now imported product is available to independents through facilities at Botany, Newcastle and Melbourne, made available through undertakings 20 of 47 associated with the Caltex/Ampol merger. The major user of imported product is Woolworths. • • • Physical Access. In 1996 many in the industry expressed concern about physical access to product. This concern has disappeared. The oil majors claim that they are now prepared to supply any buyer subject to commercial terms. There is also wholesale product available from independents such as Woolworths, Liberty and Diamond. Spot Market. The current wholesale market is not a true spot market. It is a term contract market. The industry is unlikely to be able to move to a true spot market without significant expense on storage facilities. However further down the distribution chain a form of spot market has the potential to develop into an important competitive source of wholesale supply. This market is to be found at the distributor level and now includes the major independent operators (for example Liberty and Woolworths) who have long term supply contracts and are also prepared to on-sell into the wholesale market. Terminal Gate Pricing. All the oil majors claim that they currently provide petrol at a terminal gate price. All post indicative terminal gate prices but the actual price paid depends upon negotiations with the oil major on terms and conditions such as credit, freight, volume and duration of the contract. There are mixed views about the genuineness of the terminal gate price. For the country petrol price problem, a key aspect of this regime is that a terminal gate price is not available to franchisees so that in its current form terminal gate pricing does not prevent wholesale price discrimination against country retailers. It is our view that BP is the only one of the four major refiners to move to an open “Terminal Gate Price” (TGP) regime. Under this arrangement a daily basic price for fuel at the terminal gate is available. It should be noted however that this price is for a cash purchase, with no delivery or other services and for a term period (such as a year). A range of additional charges is added to the TGP for services such as credit, delivery and use of the BP brand. Significantly BP has also elected to apply TGP to its own distributors. The other majors offer a negotiated wholesale supply and price but without the transparency of the BP approach. More importantly the BP approach signals an open supply approach that is essential if a competitive wholesale market is to survive. In turn, a competitive wholesale market is seen as a prerequisite for a competitive retail country market. • Terminal Gate Pricing vs. Support Pricing. A significant difference in approach to distributors is evident with the BP move to apply TGP (on a no credit basis) to its distributors, regardless of BP’s equity position in these distributors. This move places greater pressure on BP’s distributors to act independently. It adds to the transparency of their own operations and empowers their downstream customers with wholesale pricing information 21 of 47 that is simpler to understand (as it is a cost plus pricing structure). The responsibility for efficient retail networks operations is thus transferred to the distributors. In contrast, Shell’s approach is to apply the same relationship that they have with their retail franchisees (the retail franchise model also employed by the other major brands) to their distributors. This approach involves the use of an indicative (delivered) wholesale price with rebates that are applied under a price and profit support scheme. The effective price for supply is thus a discounted price, with the discount being a discretionary price in the hands of the oil major. In practice, the extent of the rebates varies between distributors based on individual profit plans, network operations and local competitive factors. The effective supply price thus varies between distributors, but more critically, the oil major that has control over the rebate indirectly controls this price. Distributors under the BP approach will, in theory, have more freedom to make independent actions including to extend their operations into the general wholesale market and non BP retail markets, whereas distributors under the Shell rebate model will be under pressure, be it actual or implied, to not move out of the Shell network. • Extent of Open Access Arrangements. The Motor Traders Association of Australia estimates that only a very limited percentage of retailers (approximately only 7%) would be able to employ so called open access (which is purchasing direct from terminal) arrangements. (Productivity Commission Inquiry, Report No 8, 8th September 1999, pg 4). Regulation Factors • • MEWP. The role of the ACCC in setting the MEWP was removed on the 1st August 1998. The role of the ACCC was replaced by monitoring undertaken through cooperation between the Australian Automobile Association, the ACCC and the major oil companies. Sites and Franchise Acts. A Bill to repeal the Sites and Franchise Acts was rejected by the Senate in 1999. 22 of 47 9. How have Post 1996 Developments Affected the Country-City Price Differential? Independents in Country Areas • • • • • • • NSW country areas have experienced the arrival of some independent petrol sellers (non-brand major dealers including Woolworths Petrol Plus and Volume Plus etc) in recent times. Other large independents such as Liberty and Burmah have not penetrated rural NSW but have opened in outer metropolitan areas and fringe country. (eg. Blue Mountains) The introduction of an independent reseller to a country town initially resulted in significant price reductions in the order of 5 to 6 cents per litre. The major brand dealers in these towns initially matched Woolworths lower price. It is assumed price support would have been introduced for the major brand dealers. The impact of these price reductions led to a lowering of the Country price differential. Considerable price variation between country towns was witnessed, based on the presence or non-presence of Woolworths. In some instances prices have risen again after the initial entry of Woolworths. However, the new price is still 3 or more cents per litre below the pre entry price. Orana Petrol Gauge Results • • • The Western Research Institute produced the Orana Petrol Gauge which involved four surveys of New South Wales petrol prices. The gauge was funded by the Orana Regional Development Board. They were conducted on the 30th June 1998, 1st October 1998, 30th June 1999 and 10 th November 1999. The gauge involved a telephone survey of approximately sixty centres in country and metropolitan NSW for retail prices and a calculation by the Australian Competition and Consumer Commission of the MEWP. (The MEWP for each centre is based on the Singapore price, the local component, any applicable state tax adjustment and freight to that centre). The difference between the retail price and the MEWP is called the Notional Retail Margin and is a measure of competitiveness or fairness of the petrol price for that centre. Centres were classified as competitive or non-competitive. Competitive centres had an independent non-major branded petroleum retailer such as Woolworths Petrol Plus, Liberty, Burmah, Volume Plus or Diamond. Noncompetitive centres had only oil major branded outlets. 23 of 47 The Orana Petrol Gauge is a useful measure of the country-city price differential because it is conducted entirely independently of motoring organisations and the oil industry. • The gauge found that over the last eighteen months the average price difference between country and city centres was 7 cents per litre with a wide variation. For example, the average difference between the city price and Coonabarabran was 11 cents per litre. • • • • The gauge found the average difference in the Notional Retail Margin between country and city was 4.5 cents per litre (7.5 cents for Coonabarabran). An important finding of the gauge is that the average country-city gap in Notional Retail Margin for competitive centres was 2.5 cents per litre, while for non-competitive towns it was 7 cents per litre (this excludes any additional discounts for dockets provided by Woolworths). Clearly the existence of a non oil major in the centre provides a more competitive and fairer price. Table 9.1 shows the average Notional Retail Margin for all four surveys and the maximum and minimum recorded in any survey. It should be noted that the 1.9 cents per litre Notional Retail Margin for non-competitive towns was for Wellington which is influenced by the Woolworths at Dubbo, 50 kilometres away. Table: 16.1 Notional Retail Margin Average Metropolitan Competitive Non-Competitive Maximum Minimum -1 2.9 -4.2 2.2 8.1 -6.1 6.2 9 1.9 Shell disagrees with the Orana Petrol Gauge and stated that “the average difference between Sydney and non metropolitan prices was 4.3 cents. 9 of the 305 country service stations were more than 10 cents above the average Sydney price. An additional 24 outlets were between 8 and 10 cents more expensive. Over half of the non metropolitan service stations were less than 5 cents above the average Sydney price”. The Western Research Institute believes that the difference lies in Shell regarding Newcastle and Wollongong as part of country NSW. Shell and Caltex have offered to allow the Western Research Institute to examine all of their petrol prices data. The Western Research Institute would accept this offer if independent funding was made available to carry out the work. 24 of 47 10. What are the Current Changes Taking Place in the Petroleum Industry? The petroleum industry is undergoing significant structural change. Therefore it is important to understand some of the emerging developments and initiatives in the industry. Retail A range of possible retail outlet models can and are being pursued by the industry. The previous uniformity of approach by the major brands is breaking down. There are two broad types of emerging models. There are those favoured by the oil majors (large scale outlets) and those favoured by the independents (alternative outlet models). Each is discussed below. Large Scale Outlets There are four large scale outlet models being pursued by the oil majors. These are: Volume Fuel (Key commuter location), Plus Mini-Market (“Mars Bar” model), Plus Food and Highway Roadhouse. Volume Fuel Models are found on major metropolitan arterial roads. It is usually price driven and does not require the same degree of other product services such as a mini-market. It therefore also does not require as a large area and infrastructure. It depends heavily on fuel for its revenue and in this respect location and volume are the critical drivers of its success. This model appears to be contestable by the metropolitan independents with smaller investment funds but access to keenly priced fuel supply. Plus Store and Plus Food Models require heavier investment, larger area and additional facilities in the form of longer term parking and Mini-market and Restaurant infrastructure are required. These are the super sites that favour the larger operators with their greater financial resources. The second tier independent operators find the models harder to duplicate. Highway Roadhouse Model is a potential high revenue earner as well as heavy investment model. It would be expected to be attractive to the major brand operators. This is perhaps the most viable large scale model for country locations. To date these are the models that have featured most strongly in the restructuring of metropolitan markets but apart from the Highway Roadhouse, have been withheld from country markets. 25 of 47 Alternative Outlet Models. The independent retailers are also pursuing four basic models. These are: Plus Supermarket (Woolworths model), Plus Corner Store and “Basic Bush” Fuel models. The Supermarket Model has already proven suitable for country towns. In fact country towns provided a more favourable location for this model than did metropolitan locations due to the more ready availability of supermarket car parking space on which to locate this model. The Plus Corner Store Model already exists in some small rural towns. The local store (in very small towns maybe the only store) also retains a couple of petrol pumps. Just as with general retail business, the corner store has come under considerable pressure from the competition of the down-town supermarket, but it still survives. Supply of goods (including petrol) is critical and margins are higher. The customer trades off price for convenience. The “Basic Bush” Model refers to those retail outlets in country towns that are old and of poorer quality in comparison to their metropolitan counterparts. They are most likely, locally owned and there is not a ready market for alternative use of the assets. In some country towns such outlets are often closed down and remain unused for many years. Potentially, a basic fuel service is a viable proposition for such outlets. Until recently such a model seemed unlikely. They were targeted for rationalisation by the major brands. However they also likely have a mix of oil major, distributor and local ownership. With the expansion of independently sourced supply this model has recently emerged as a longer-term option. A range of new brand names such as Prime, Major and “Save on Fuel” are attaching to such outlets. However, rather than being high margin low volume sites these “Basic Bush” models are providing discount pricing. With their low capital investment, they represent a potential low volume low price model that would not be sustainable in metropolitan areas where high capital values attach to retail sites. In fact, the major brand companies may not even wish to supply such country sites on their own brand basis. If they decide to pursue a retail market strategy based on the high investment metropolitan models, then an image problem may present with the “Basic Bush” model. Wholesale There are three major developments in the wholesale market. The first is the provision of terminal gate access by all of the oil majors. However, this access is frequently regarded as not very competitive in terms of prices, is not available to franchisees, and is not a genuine spot market. By itself, this development is unlikely to have much impact on the country-city petrol price differential issue. The second is the provision of wholesale product by independents such as Woolworths, Liberty and Diamond. The provision ranges from terminal gate access to on-site delivery as conducted by Diamond to NSW 26 of 47 Farmers. The third is the more transparent, cost plus, terminal gate pricing provided by BP which departs from the rebate system that has confounded those trying to understand the industry for some time. This greater transparency has the potential to reduce the country-city petrol price differential as well as lessen the impact of the image of dependency created by the rebate system. 27 of 47 11. Is Cross Subsidisation and Cherry Picking an Issue to be Considered in any Solution to the Country-City Petrol Price Differential Problem? Despite the appearance of stable pricing reflected on retail price boards, country markets have traditionally exhibited an extensive amount of price variation and hence cross subsidisation amongst customers. For the retail petrol market, this frequently involved discounts for both retail and commercial customers in so called “under canopy” pricing. The recipients of “under canopy” pricing include petrol cardholders, such as private firms, educational institutions and local government. In addition, country areas have a farm supply market that does not exist in metropolitan areas. However, the country farm and commercial markets are highly diversified in their scope and range. The farm diesel market for instance ranges from highly inefficient small farm to million litre farm requirements in the broadacre farming areas. In sustaining this range of customer demands, country retailers and distributors have traditionally operated cross subsidies between customers. The major source of cross subsidy being the retail driveway customer who faces the highest posted price board prices. This situation could be exposed if the phenomenon known as “cherry picking” in the banking industry were to be introduced to country petrol markets. Here new suppliers would target profitable segments of the market that are the source of cross subsidisation for other less profitable (or favourably priced) segments of the market. In banking it was the housing market. In petrol, it could be the country driveway retail market or certain large volume segments of the farm diesel market. In banking, the targeting of housing loans drove down retail loan prices and reduced the profit margins that were the source of cross subsidisation for other bank products. This forced the banks to restructure their pricing system and they have subsequently revealed an ability to recover these lost margins by increasing fees of other services, such as transactions. It also forced the banks to re-evaluate their country operations. Decisions were made to close down retail outlets. However, this opened the market to new entrants such as credit unions, community banks and co-operatives. Joint venture and agency arrangements are also emerging with supermarkets, pharmacies, newsagents and Australia Post. In the petrol industry, “cherry picking” by new entrants is driving down posted prices in service stations that could result in a rise in prices to those currently being cross subsidised by “under the canopy” pricing (such as country based petrol card holders and farmers). However, it could also (as witnessed in the banking industry) open up the market to new entrants and new operating models. Co-operatives may be one such model. 28 of 47 12. What is Terminal Gate Pricing? All of the oil majors claim that they have Terminal Gate Pricing (TGP) and access. However, in our view TGP means selling motor spirit and diesel at simply-calculated, transparent prices at the terminal gate to contractual customers – dealers, and distributors. Apart from providing fuel at the terminal gate petrol companies offer other services to the customers, such as the brand name and logo, consumable and other activities, delivery, credit, equipment and so on. It is up to the customer if they want to buy those other services. According to our view only BP currently provides a genuine transparent TGP. The BP TGP is calculated as follows: The first step – Base Product Price (or the BP-Alternative Acquisition Cost-AAC): The Base Product Price includes all the costs of getting the fuel from the international market (Singapore) to the terminal. World Price + Quality Adjustment + Working Capital + Freight + Wharfage + Pipelines = AAC (Alternative Acquisition Costs). The second step – TGP Build up: A company sets its TGP price by adding to the AAC price the following costs: Terminalling + Stocks + Wholesale Costs + Profits/Return to Assets + Federal Excise = TGP. The third step – Final Price: The final price is built up by dealers and distributors choosing the service they want over and above the base product charged at Terminal Gate Price. These services can include delivery, brand name and consumables, credit, provision of equipment and so on. TGP + Delivery + Brand + Credits + Equipment = Final Price 29 of 47 The BP TGP is shown diagrammatically in Appendix 1. Caltex, Mobil and Shell also claim to have TGP open access petrol prices as is shown in table 12.1. However, in general these prices are too high to be genuinely competitive and hence are only indicative. The actual price is determined by negotiation. A TGP is not available to franchisees of any of the oil majors. Table 12.1. TGP (Open Access) Petrol Prices in NSW Sydney Unleaded Leaded Caltex* 77.10 79.70 Mobil** 78.61 80.82 Shell*** 77.26 79.48 Newcastle Unleaded Leaded 77.70 80.30 77.26 79.48 *Source: <http://www.caltex.com.au/pricing/openaccess.html > Effective as at 28.11.99. These are pick up prices for full tanker loads, of no less than 15,000 l from the applicable terminal in each city. ** Source: <http://www.mobil.com.au/products/prfuelpbody.html > Effective as at 30.11.99. These prices are for customer collected Full Tanker Loads only – min 35,000 litres. *** Source: <http://www.shell.com.au/business/bc_tgp_prices.html > Effective as at 26.11.99. These are pick up prices for full tanker loads, of no less than 15,000 l from the applicable terminal in each city. 30 of 47 13. What are the Preconditions for a Sustained Narrowing of the Country-City Petrol Price Differential? For competitive conditions to spread to country areas and for the country price differential to fall, a number of necessary preconditions must be in place. In outline these include: Local Competition Factors A more competitive culture needs to be developed amongst country petrol suppliers, consumers and local government. Cost and Efficiency Factors Rationalisation, restructuring and new initiatives need to be implemented in order to reduce the margins required for the survival of country retailers. Wholesale Pricing and Supply Factors Country retailers need access to alternative supply of product to eliminate the current wholesale price discrimination that is practised against them. Regulation Factors Currently local government often obstructs new entrants into petrol retailing in country areas. This obstruction needs to be removed to facilitate new entrants, which will make for a more competitive market. In addition, consideration should be given to the removal of the Sites Act to provide incentive to the oil majors to invest in the restructuring of the country retail network. However, removal of the sites act could be used as a bargaining chip to induce the oil majors to increase the transparency of their terminal gate price arrangements and the development of a genuinely open and competitive wholesale market. The progress made by BP in increasing transparency is acknowledged. Individually these preconditions, whilst necessary will not, of themselves, be sufficient to ensure removal of the pricing differential. There remains a need for a “trigger” to country markets to ensure this goal is achieved. 31 of 47 14. What are the Proposals from Petrol Market Participants to Solve the Country-City Petrol Price Problem? The following proposals are the outcome of face-to-face interviews with representatives of market participants. In each case the proposals were sent to the participants for comment and amendment on the understanding that this material would be published. Caltex Caltex focussed on cost and efficiency factors. For them the key to narrowing the country-city petrol price differential was removal of the Sites Act to increase competition and consequent rationalisation of the number of sites in country areas to reduce cents per litre costs. Removal of the Sites Act would give Caltex the ability to pursue a low price/high volume marketing strategy to compete directly with Woolworths and other independent chains. Their preferred approach is commission agency for petrol sales and franchise for sales of the on-site store and, in the case of large convenience stores and supermarkets, direct company operation. Caltex saw driveway service and provision of credit in country outlets as a significant cost difference between country and city, adding to differences due to lower petrol and shop sales and greater discounting in city areas. Caltex said that there was very little activity in their “open access”: terminal gate market because the prices and terms offered by distributors were presumably competitive. However, the availability of petrol ex-terminal was important in providing market contestability. Mobil Mobil argued that the future of petrol retailing lay in the “Mars Bar” model. This is the Mobil variant of the Plus Store – Plus Food model. Mobil’s view is that entrenched low margins mean that petrol is secondary to non-fuel offers, and may even be used by retailers as a loss leader to attract customers to buy from the adjoining store. This view has been formed given ongoing deep discounting cycles which are now a defining characteristic of metropolitan markets. The deep Melbourne cycle which was occurring at the time of the interview was at least partly driven by the illegal supply of low or nil excise fuel substitutes by some non-major wholesalers. Overall, Mobil has a strong interest in the country petrol price problem, acknowledging that the issue was a major contributor to the poor public image of the oil majors – despite the fact that, in their view, it was due mainly to the large number of low volume outlets, over which the majors have little influence or control. Mobil maintained that they had an active terminal gate market. This is reinforced by the number of contracts they have entered into to supply independents such as Burmah and Apco. They also have a growing network of independent brand retail sites that they are supplying. Mobil appears willing to participate in genuine wholesale marketing independent of their own retail business. 32 of 47 Shell Shell prepared an extensive paper on their position and contribution to the country-city petrol price differential problem. Some key points from this paper are that: • • • • • • • Shell supports regular monitoring of country petrol prices. Shell supports informed debate and practical steps to address the issue. Shell supports identifying and removing barriers to new entrants in the service station industry. Shell believes that the repeal of the Sites Act would allow oil majors to participate directly in the retail market and put downward pressure on prices. Shell believes that proposed mandating of price boards at NSW service stations would increase costs and raise prices. Shell believes a reduction of the number of service stations in country NSW is required to lower unit costs by increasing the average size of the remaining outlets. Most country outlets supplied by Shell are not owned by Shell. Shell acknowledges that in a few isolated country markets, relatively weak competition contributes to high retail margins. It should be noted that Shell holds a different position on the extent of the country-city price differential to the Western Research Institute. BP BP has largely withdrawn from direct involvement in the country retail market. BP service stations in the country for the most part are owned by private operators and/or by the distributors and have contract arrangements with the respective distributor. BP sells at a base Terminal Gate Price (TGP) to distributors, privately owned service stations, and independents. Most TGP sales in country areas are via distributors who then onsell at commercially negotiated rates to their service station customers. The TGP is the same whether the buyer is in the metropolitan area or in the country. All other costs – freight, brand, etc – are additional to the TGP where they are applicable. Rebates do not apply under a TGP – it is a “bare bones” price. This approach separates retail sales from wholesale sales and is nondiscriminatory to country buyers since the TGP is uniform. The TGP system operated by BP has greater transparency and should be welcomed by country retailers and consumers. It also represents a more logical cost/price build-up without “top down” rebates confusing the issue. The cost build to the rural consumer then becomes more transparent to the extent that the difference 33 of 47 between the TGP and the rural price represents freight, distributor costs and margin, and retail margin. However, the rebate system still operates between BP distributors and their retailers. It would be difficult for the distributors to depart from the rebate system without causing financial difficulty to their retailers. It is possible that the rebate system is slowing the rationalisation of country retail sites. Overall, BP strongly endorses the TGP approach as the best avenue for pricing, as a more transparent and more logical pricing approach, and one showing equity between city and country. It is directionally towards encouraging competition at each level of the chain. We believe the use of a genuine TGP – i.e. one that is without hidden discounts or rebates – will achieve the best outcome for country consumers and the industry, and that it should be encouraged across the industry. Diamond Petroleum Diamond currently supplies NSW farmers capable of receiving a full load of fuel personally (33,000 litres) or in groups of five, each receiving a compartment (about 6600 litres) individually. The petrol and distillate is delivered direct to the farms from the seaboard terminals located in Sydney, Brisbane and Melbourne. Diamond provides fuel at a significant discount to its customers. Diamond wishes to extend this service to small and medium size farmers through the appointment of new distributors. This would not only extend the cost savings but would also offset the current trend of existing distributors servicing farms “not on an as required basis” but on a system designed to minimise distributor cost. The latter means that farmers either fall in line with the new patterns or are left without fuel for certain times of the year. Diamond believes that one way of appointing new distributors is to set up local co-operatives. Funds would be needed to establish small regional fuel depots and a delivery truck. The co-operative would employ local people and any profits could be used to develop local activities. Diamond is prepared to provide its expertise to assist in the establishment of these distributor cooperatives. Diamond believes that this initiative would help close the countrycity price differential, make country NSW more competitive and therefore create jobs. It also believes that such co-operatives would help maintain small communities who are currently losing critical mass with the exit of banking and other services including petrol and distillate services. Diamond has also indicated a willingness to supply fuel wholesale to any service station. For small town outlets especially the “basic bush” model this presents a potential source of competitively priced supply. A co-operative model is envisaged so that the co-operative is a group of several small retail outlets who receive a direct “milk run” delivery from a city terminal. There are interesting parallels to be drawn with the country banking experience in recent times as the large players restructured and reduced their involvement in many 34 of 47 country markets, new entrants including co-operative models have emerged. Like petrol, banking is also an industry dominated by a small number of large companies and with a history of cross subsidisation. Liberty Liberty claims that it has already sold fuel wholesale at discount price to country retailers, but the savings were not passed on to country consumers as the retailers kept the extra wholesale margin as there was no pressure on the retail price. Therefore, Liberty is anxious to establish Liberty controlled retail sites in country NSW, particularly in high priced areas such as AlburyWodonga. Liberty is capable of making major inroads into the NSW country retail petrol market by virtue of its long-term supply agreement with a major domestic refiner and with its access to the import terminal at Botany. Liberty maintains that covenants and deeds of option on the sale of old service station sites, (to prevent the re-use of these sites as service stations) are obstructing their entry into country markets. Liberty would like to be able to purchase the old service station sites that the major oil companies are closing and selling. The majors are so determined to avoid allowing independent retailers into the country areas that they are selling their surplus sites with restrictive covenants with the express purpose of limiting retail competition in regional areas. Liberty has also offered technical expertise to assist with the installation of petrol reselling equipment and provision of low cost product on a long term supply arrangement to encourage the establishment of co-operative distributors and retailers in small country centres. Woolworths Woolworths has found it more difficult to enter some country markets with its Petrol Plus outlets than expected due to planning approval obstruction by local government. Increasing outlets is critical for Woolworths’ long-term survival in the industry because of the need to secure economies of scale for its imported product. (It also has contracted supply from Australian refineries). Woolworths is also prepared to supply other service stations and cooperatives in most markets with petrol. Service Station Association The Service Station Association was particularly concerned about regulations on price boards. They argue that margins are already tight and that price board requirements would add to costs. They were also not convinced that displaying retail prices and possibly wholesale prices would be necessarily competitive. Instead they may facilitate price parallelism. They were sceptical that a genuine spot wholesale market could be established in Australia along the lines of the “American Jobbers”. They argued that the size of the Australian market is too small and the American market is not the genuine spot market that it appears. 35 of 47 15. Would the Above Proposals Individually or Together Narrow the Country –City Price Differential? It was previously argued that there are four preconditions required for the country-city petrol price differential to narrow (local competition factors, cost and efficiency factors, wholesale pricing and supply factors and regulation factors) but that there also needs to be a trigger to set these competitive conditions in train (the trigger is usually a new entrant into the market). In this section we assess how the initiatives and proposals outlined by the market participants meet these conditions and the necessary trigger. Local Competition Factors New non-major brand entrants in country markets have already proven to be an effective means of increasing competition in country areas. Therefore, the entry of Woolworths, Diamond, Liberty and Co-operatives should be encouraged. The advantage of such entrants is that their culture and dynamics are different to those of major branded service stations so that conscious or unconscious price parallelism is less likely. Woolworths further entry into country areas could be facilitated by providing local government information about the considerable advantages of lower petrol prices in increasing the competitiveness of local business and thereby increasing net employment (even though there may be some loss of employment in the local service station industry). State Government should examine means of facilitating the planning approval process for new sites. Non-major independent entry could be facilitated by action, which discourages the use of covenants and deeds of option which prevent independents buying sites of existing service stations. The availability of such sites would allow independents to enter even smaller country towns where the capital cost of building a new site would be prohibitive. It is our view that the benefits of attracting a non-oil major into a regional market far outweigh the possible efficiency benefits of reducing the number of service stations by means of a covenant or deed of option. While Woolworths Petrol Plus and Liberty branded service stations could bring a new dimension to local competitive factors in large country centres, more competitive prices to smaller centres might be secured by the establishment of co-operative wholesale and retail outlets. (This role could even be important for higher priced medium sized centres such as Coonamble and Coonabarabran). Both Diamond and Liberty have expressed an interest in providing technical expertise and supply to such co-operatives. 36 of 47 Cost and Efficiency Factors Both Diamond and Liberty include the “basic bush” model service station as part of their marketing strategy. The low capital cost of such service stations would be a cost saving, facilitating the provision of low cost fuel. In addition the “milk run” freight delivery approach by Diamond can reduce the costs of double handling if a chain of smaller outlets is established. Investment by the majors in large store plus and food outlet plus sites would allow the margins on fuel in country sites to subsidised by sales of other products. This approach is probably only appropriate for large provincial cities and highway locations. Removal of the Sites Act would encourage this initiative. Woolworths low cost new Petrol Plus sites attached to the supermarket is a proven strategy for closing the country –city price differential. The attached supermarket also can also allow a reduction in the Notional Retail Margin. Co-operative distributors of the type envisaged by Diamond could reduce costs of freight and handling by organising “milk runs” to smaller service stations and farms. The most efficient form of the co-operative distributor is where its role is essentially broker organising the delivery of fuel to farms and service stations but not taking delivery or storing fuel itself. BP terminal gate pricing (TGP) by making costs transparent could facilitate more efficient delivery from the terminal gate to the distributor and retailer. Effectively TGP provides the distributor with information and alternatives to become more efficient. This is in sharp contrast to the rebate system where there is little incentive to save costs as this may affect the rebate. Again, the distributor would be most efficient when its role became entirely that of broker. Wholesale Pricing and Supply Factors The offers by Woolworths, Liberty and Diamond to provide fuel to country service stations and co-operatives at wholesale prices similar to those charged to their own retail outlets, including those based in the city, would clearly help address the issue of wholesale price discrimination against the country. The limitation of this initiative is that the bulk of country service stations are under contract to the oil majors. However, even one non-major supplier in a town can force the majors to offer price support effectively cutting the wholesale price. Furthermore, many country service stations are owner-operated so that once contracts expire they could opt for supply by a non-major. The BP TGP, in principle at least, also removes wholesale price discrimination by BP against country retailers. However, the rebate system still operates with BP distributors. 37 of 47 Regulation Factors Repeal of the Sites Act would remove a disincentive for oil majors to upgrade their branded sites to the Plus Store or Plus Food models. Of its-self however, we doubt the repeal of the Sites Act would provide the trigger for a more competitive country market. A more positive approach by Local Government in terms of planning approval for Petrol Plus outlets would facilitate Woolworth’s entry into more country centres. Legislative action, moral suasion or even Local Government action to prevent covenants and deeds of option being placed on sale contracts of existing service stations would facilitate the entry of independents such as Liberty and Diamond into country towns. Summary In summary, the proposals recommended by the market participants would contribute to further narrowing of the country-city petrol price differential. We believe that; a) there are a number of preconditions to be met in order to achieve price competitive country markets. The preconditions are improvements in the following factors: Viz – Local Competition Factors; Cost and Efficiency Factors; Wholesale Pricing and Supply Factors; and Regulation Factors. b) of themselves the preconditions are necessary but not sufficient to introduce price competition. The most effective “trigger” for price competition is a new entrant into the local market. c) this process is already underway. However, there may be a role for Local and State Government to facilitate and accelerate its spread. d) petrol retailing remains essentially a volume driven business. That is, new entrants are attracted to volume sites. Therefore, non-major branded independents may not enter all parts of NSW. Specifically, they may not enter smaller country towns, villages and hamlets. Indeed, the entry of these independents in the larger country centres that adjoin these smaller communities may 38 of 47 create competition which threatens the viability of the local service station. In these smaller communities a co-operative may be the only means of maintaining petrol retailing. If the cooperative has competitively priced supply from wholesalers such as Liberty, Diamond, Woolworths or even a major then it could be viable and make a contribution to the survival of its community. It is in smaller areas that the greatest potential for a role by co-operatives exists. 39 of 47 16. What are the Possible Competitor Responses to the Establishment of Co-Operatives? Competitors may respond to the establishment of a co-operative by passively accepting its entry or by aggressively trying to block its entry. In the former, competitors responses may range from not responding at all to the co-operatives price, to simply matching the co-operatives price or even encouraging the co-operative to engage in the existing conscious or unconscious price parallelism. In the latter, competitors may try to prevent the co-operative setting up at all or once it is established try to drive it out of business. • • Possible aggressive competitor responses fall into five categories. These are: 1. 2. 3. 4. 5. Planning approval obstruction. Competitors may lobby their local government to obstruct planning approval for the co-operatives retailing sites thus inflating legal and other set up costs. Predatory pricing. It is to be expected that competitors will match any price discounting by new entrants. They may also engage in temporary deep price discounting to limit market share or drive-out the co-operative. In this, they will be supported via rebates on their wholesale price from the majors or their distributor. Therefore, the co-operative would need sufficient funds to cover this initial very competitive period. It should be noted that the international oil price can be very volatile and funds may also be needed to cope with this volatility. Supply constraint. Access to competitively priced supply of product is critical for any petrol retail outlet. If this supply is not secure than competitors may well attempt to constrain or cut off supply altogether. It needs to be recognised that the refiners and distributors extend their interest to major branded retail outlets so there is at least notionally a conflict of interest for a major or their distributor to supply the new entrant under-cutting the local retail market. Concerns about product quality. Accusations are often levied against new independents regarding product quality and excise avoidance. Competitors could make allegations either explicitly or implicitly about the legality of the co-operative’s product, its quality or its facilities, such as the environmental condition of its petrol tanks. Therefore, the co-operative would need to ensure that its petrol is excised and unadulterated and its station and equipment meet all environmental and other standards. Security issues. It is claimed, within this industry, that new entrants or even existing service stations which have competed too strongly on price have their equipment damaged by vandals. 40 of 47 6. • Local Community Issues. Attempts to discourage patronage of new co-operative entrants by means of adverse publicity and appeals to local community support for jobs may be launched. Therefore, any proposal to establish a co-operative should include a check list covering: planning approval, sufficient funds to sustain a period of severe discounting, guaranteed competitively priced supply, guaranteed product quality, legality and security issues. 41 of 47 17. • • • What are the Major Findings of this Study Concerning the Country-City Petrol Price Differential? The country-city petrol price differential is an important issue for regional development in NSW. This is particularly the case in the current environment of rising prices due to the increase in the world crude oil price. There has been progress in narrowing the country-city petrol price differential particularly in centres which have a non-oil major branded retailer. Indeed, having Woolworths, Liberty, Diamond, Volume-Plus, Burmah or other such retailers in a local market seems the surest way of narrowing the gap. Therefore, any action which facilitates the entry of a non-major will help solve the problem. Means of extending non-major retailers into more country centres include: • • • • • Local governments could adopt a pro-active role to facilitate the entry of larger independents. At the very least local government could be more receptive to development applications of new entrants such as Woolworths. Local communities being more receptive to new entrants. Covenants and “deeds of option” which prevent service stations being reused as service stations after their sale could be discouraged. This would facilitate volume sales by independents such as entry by Liberty and Diamond including the “basic bush” model. Establish co-operatives to service farmers and small town service stations. Supply may need to be sourced from larger independents such as Diamond, Liberty or Woolworths for this operation. This initiative is particularly important because “cherry picking” by new entrants could erode “under the canopy” discounts by existing distributors and more competitive prices in larger centres could put the survival of service stations in small towns at risk unless they have access to competitively priced supply. The oil majors are also playing a part in closing the country-city price differential. Specifically, the BP TGP is to be commended and the other majors should be encouraged to follow BP’s lead. With a transparent TGP, distributors and retailers have more information about their cost structure and have scope to become more efficient. The Caltex suggestion of investment in country areas in upgrading service stations to include a food outlet, store or car wash also has merit, in the context of large country centres or highway locations. Such developments are also directly linked to the oil majors request for a repeal of the Sites Act. 42 of 47 • • • • Some of the above proposals may result in the loss of some existing jobs in service stations. However, a more competitive petrol price would make all country industry more competitive resulting in a net increase in jobs in country areas. This study has shown the petroleum industry to be undergoing major restructuring and change. This is expected to continue so that the countrycity petrol price differential needs to be continually monitored. The Commonwealth Government’s “Downstream Action Agenda” which is concerned about restructuring Australia’s refinery capacity could involve further mergers and concentration in the industry which, in turn, could change the dynamics of the supply of competitively priced product to independents. Therefore, this Agenda requires considerable attention. In summary, the country-city petrol price differential can be reduced by new entrants into country markets. In most instances, this will be achieved from market initiatives already in train by independents such as Woolworths, Burmah, Liberty and Diamond. The process can be hastened by a more receptive approach to new entrants by local government and the removal of obstacles such as covenants and deeds of option that prevent independents taking over sites sold by majors or their franchisees. In some centres, particularly small communities, co-operatives may be the only way of securing competitively priced petrol. However, all independent initiatives ranging from Woolworths to co-operatives rely on access to competitive wholesale supply. Therefore, there should be continued efforts to secure a genuine open and competitive wholesale market with transparent terminal gate pricing. 43 of 47 18. • • • • • What are the possible roles for Co-Operatives? The companion study to this study outlines six options for establishing cooperatives. These are: • Option A: Setting up a wholesale and retail network. • Option B: Setting up a retail network of new outlets. • Option C: Co-operative arrangements for existing outlets. • Option D: Co-operative arrangements for large volume end users. • Option E: Co-operative arrangements for large and small users within a region. • Option F: Co-operative arrangements for large and small end users across the state. The companion study identifies advantages and disadvantages and issues to be addressed in establishing each co-operative type. We broadly agree with the analysis of the companion study, but would emphasise that access to competitively priced secure supply is critical to the establishment and survival of any co-operative venture. An important point to recognise is that actual or potential new non-major entrants into country petrol markets such as Woolworths, Liberty, Diamond and Volume Plus, are already providing both the pre-conditions and the trigger for the achievement of more competitive petrol prices in some country areas. Therefore where a non-major has appeared and is behaving competitively there is no need to use scarce resources to establish a cooperative. Furthermore, care should be taken to ensure that the co-operative does not simply add another player to a local market worsening cost and efficiency factors while making only a marginal contribution to local competitive factors and wholesale price and supply factors. However, in some circumstances particularly in smaller country centres there may be little likely-hood of entry by a non-major. In these circumstances a co-operative may be the appropriate model for the achievement of competitive petrol prices. The existing arrangement between Diamond and NSW Farmers, and the proposed new Diamond arrangement for medium to small sized farms are good examples of how co-operatives could provide small communities with competitively priced petrol. Co-operatives may also play a role in larger communities where “cherry picking” may end “under the canopy” discounts and service provision to groups such as farmers. For example, the entry of a non-major branded retailer may lower the posted price of petrol in that town but, may cause the existing major branded retailers or distributors to curtail their farm delivery service as a cost cutting measure. In this example, a co-operative arrangement of the type proposed by Diamond could restore this service to farmers. 44 of 47 19. • • • What are our Recommendations Concerning Co-Operatives? The role of co-operatives should be focused at the smaller end of the country market where disadvantages of location and market size provide little incentive for existing operators or potential new operators to provide new investment and competitive pricing. Specifically, co-operatives are relevant for small country centres and groups such as farming groups. Cooperatives may provide a solution to those areas and segments of the country market that suffer as an outcome of competitive restructuring of the country petrol industry. This is especially so, if “cherry picking” by new entrants leads to re-pricing or even withdrawal of services of existing distributors and retailers. Where co-operatives are established they need to be cognisant of: a) Possible vigorous existing competitor responses; b) The crucial importance of securing long-term supply of product; and c) The complexities of supply associated with this product, and hence the need to link with industry expertise and networks. 45 of 47 Authors Mr Tom Murphy, Director of the Western Research Institute BEc (Hons) NE MSc Lancaster Associate Professor Greg Walker, Associate of the Western Research Institute MCom DipEd UNSW PhD Macq Mr Patrick Bradbery, Research Leader, Western Research Institute BSc UNSW, DipEd MCAE, DipRE SACAE MBA UNSW Mr Hazbo Skoko, Senior Research Officer, Western Research Institute BBs, MSc (Econ), PhD (cand) Mr Craig Nalder, Research Officer, Western Research Institute BBus (Econ/Fin) C.Sturt 46 of 47
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