Open consultation

Groceries Code Adjudicator (GCA): statutory review, 2022 to 2025

Published 13 May 2025

Ministerial foreword

I am pleased to launch this consultation for the fourth statutory review of the Groceries Code Adjudicator (GCA) to gain evidence on how it has performed its statutory obligations from 1 April 2022 to 31 March 2025.

Established in 2013, the GCA’s role is to make sure that large retailers in the UK treat their direct suppliers lawfully and fairly, investigating suspected breaches of the Groceries Supply Code of Practice (‘the Code’) and arbitrating disputes. There are 14 retailers are currently subject to the Code ^{[footnote 1]}. The GCA monitors, ensures compliance with, and enforces, the Code which helps to strengthen the supply chain benefiting suppliers, retailers and consumers.

The current adjudicator, Mark White, has presided over the entire period of this review. He was originally appointed in October 2020 and was reappointed in May 2024 for a further 3 year term.

The last 3 years have remained challenging for both suppliers and retailers due to ongoing global political instability and continuing inflationary pressures. Despite this, the last published GCA survey in 2024 showed: 

• fewer grocery suppliers are experiencing Code related issues with large retailers
• a reduction in reported issues about cost price increases

Some compliance issues however remain, most notably with Amazon, whose perceived Code compliance score from suppliers fell from 59% in 2023 to 47% in the 2024 survey. The adjudicator continues to monitor changes Amazon is making and their impact on suppliers to determine whether they are sufficient. 

The results of the GCA’s 2025 survey are expected in the summer and will be considered as part of this review.

The previous 3 reviews have found the GCA to be effective in enforcing the Code. The last decade has seen significant developments in the groceries market, including the continuing growth of online shopping and the increased use of technology by large retailers. Given these changes, the government is keen to understand if the current model is the most effective and efficient approach.

The food supply landscape has been further changed by:

• the Agriculture Act 2020
• the subsequent sectoral Fair Dealing Regulations^{[footnote 2]}
• the establishment of a separate adjudicator, the Agricultural Supply Chain Adjudicator (ASCA), to enforce those regulations

The government would therefore be keen to hear views about the GCA’s effectiveness in light of these changes, including any evidence of whether the introduction of the ASCA has impacted on the GCA’s ability to enforce the Code.

Additionally, the government would be interested in any evidence of unfair contractual practices that may have a negative impact on parts of the supply chain not covered by the Code or the Fair Dealings Regulations. While some of these issues may be outside the scope of this review, the government would nonetheless still find this information helpful to inform its ongoing consideration of the effectiveness of food supply chain regulation.

I look forward to receiving your views and comments on this Statutory Review.

Justin Madders MP
Minister for Employment Rights, Competition and Markets

General information

Why we are consulting

Section 15 of the Groceries Code Adjudicator Act 2013 (the ‘Act’)^{[footnote 3]} requires the Secretary of State to review periodically the performance of the GCA. The first such review covered the period from the creation of the GCA (in June 2013) to 31 March 2016 and the report setting out conclusions and recommendations of the review was published in July 2017^{[footnote 4]}. The second review covered the period from 1 April 2016 to 31 March 2019 and the third covered the period from 1 April 2019 to 31 March 2022 with the reports on those reviews published in July 2020^{[footnote 5]} and July 2023^{[footnote 6]} respectively.

The fourth statutory review (the ‘review’) covers the period from 1 April 2022 to 31 March 2025.

Consultation details

The Act specifies the issues which the review must address and who must be consulted as part of the review. The primary purpose of this consultation is to seek views and evidence which, together with other publicly available evidence, will allow the Secretary of State to assess the GCA’s performance against the measures set out in the Act. These measures are explained in the terms of reference (which can be found in annex A).

Under section 15 of the Act the review must:

• consider how the GCA’s powers have been exercised
• assess how effective the GCA has been in enforcing the Code
• consider whether to make an order setting out the information that the GCA may consider when deciding whether to investigate

The Act provides that the review may consider whether to amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015, and the government has decided that this will be considered as part of the fourth statutory review.

Issued: 13 May 2025

Respond by: 5 August 2025

Enquiries to: gcareview@businessandtrade.gov.uk

Consultation reference: Statutory review of Groceries Code Adjudicator 2022 to 2025

Audiences:

S.15(8) of the Act requires that, in carrying out a review, the Secretary of State must consult:

• the GCA
• the Competition and Markets Authority (CMA)
• the retailers subject to the Code
• one or more persons representing the interest of suppliers
• one or more persons representing the interests of consumers
• any other appropriate person (the Secretary of State has not identified any specific person or persons here and welcomes contributions from any interested person)

When responding, we recommend that stakeholders take account of the terms of reference, located in Annex A. We encourage stakeholders to provide supporting qualitative and quantitative evidence where possible.

Territorial extent: The Groceries Code Adjudicator Act 2013 extends to England and Wales, Scotland and Northern Ireland.

How to respond

Complete the survey.

If you are unable to complete the survey via the online form you can email your response to GCAreview@businessandtrade.gov.uk.

When responding, state whether you are responding as an individual or representing the views of an organisation.

Your response will be most useful if it is framed in direct response to the questions posed, though further comments and evidence are also welcome.

Confidentiality and data protection

Information you provide in response to this consultation, including personal information, may be disclosed in accordance with UK legislation (including the Freedom of Information Act 2000, the Data Protection Act 2018 and the Environmental Information Regulations 2004).

If you require the information that you provide to be treated as confidential please tell us, but be aware that we cannot guarantee confidentiality in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not be regarded by us as a confidentiality request.

We will process your personal data in accordance with all applicable data protection laws as outlined in our privacy notice.

Background

Groceries Supply Code of Practice (GSCOP)

The GCA was established under the Groceries Code Adjudicator Act 2013 (‘the Act’). The purpose of the GCA is to monitor and enforce the Groceries Supply Code of Practice (GSCOP or ‘the Code’).

The Code was introduced in 2009 by the Competition Commission^{[footnote 7]}, following its market investigation into the supply of groceries in the United Kingdom and the publication of its findings in 2008^{[footnote 8]}. The Code applies to the UK and currently covers the 14 largest grocery retailers (‘designated retailers’) with UK annual groceries turnover of more than £1 billion. It is designed to help control practices which transfer excessive risks and unexpected costs to suppliers which in turn can impact on suppliers’ willingness to invest in quality and innovation – leading to potential consumer detriment.

The Code applies only to relationships between the retailers and their direct suppliers. The retailers must incorporate the Code into their supply agreements with their direct suppliers. It imposes an overarching principle of fair and lawful dealing and includes:

• specific provisions governing the variation of supply agreements and terms of supply
• the timing of payments
• payments for marketing costs and the funding of promotions
• payments as a condition of being a supplier

The Code is the responsibility of the CMA, which designates retailers under the Code, and is not being considered as part of this review.

Groceries Code Adjudicator (GCA)

The GCA is a statutory office and corporation sole appointed by the Secretary of State for Business and Trade. The current Adjudicator, Mark White, was appointed in October 2020 and reappointed for a second term of 3 years starting October 2024. The Adjudicator is wholly funded by a levy on the retailers, agreed annually by the Secretary of State. The GCA is operationally independent of government.

The proposals

This consultation is to seek views of stakeholders, consistent with requirements in the Act to consult about the performance of the GCA to inform the review. Any proposals resulting from the review will be set out in the Secretary of State’s report which will be published once the review has concluded. We have identified questions which we consider are particularly relevant to the stakeholders and they are invited to respond to the relevant sections of the questions.

These stakeholders are:

• the GCA
• the CMA
• the retailers subject to the Code
• one or more persons representing the interest of suppliers
• one or more persons representing the interests of consumers
• any other appropriate person (the Secretary of State has not identified any specific person or persons here and welcomes contributions from any interested person)

We welcome contributions from any stakeholder on all questions, regardless of their position in the groceries supply chain. Stakeholders are free to respond to all or some of the questions, or to provide views on issues not covered by the questions. The questions are not an exclusive indicator of the evidence base we wish to develop as part of this consultation, and we encourage stakeholders to provide supporting qualitative and quantitative evidence where possible.

When responding, we recommend that stakeholders take account of the terms of reference (Annex A). We will assess all contributions against the terms of reference and any recommendations which may follow this review will take account of the evidence received.

Given recent developments in the groceries market and changes to the regulatory landscape, we also specifically welcome views on of how the GCA is operating following the establishment of the ASCA. This includes whether the GCA’s remit remains sufficiently clear and the experiences of stakeholders who have dealt with both Adjudicators.

For the purpose of this review, we will assess all contributions against the terms of reference. Any recommendations which may follow this review will take account of the evidence received. Therefore, we encourage stakeholders to provide supporting qualitative and quantitative evidence where possible.

Consultation questions

1: Questions for all relevant parties

For questions 6,7 and 8, you may want to refer to the GCA’s own guidance on its approach to carrying out investigations, enforcement and arbitration^{[footnote 9]}.

1. Have you engaged with the GCA in the review period 1 April 2022 to 31 March 2025?
   a) yes
   b) no
2. If yes, how often?
   a) regularly
   b) occasionally
   c) rarely
   d) never
3. How satisfied were you with how the GCA handled your issue?
   a) very satisfied
   b) satisfied
   c) neutral
   d) unsatisfied
   e) very unsatisfied
   f) not applicable
   Give reasons for your answer.
4. If you are a representative group (such as a trade association), would you consider raising an issue with the GCA on behalf of your members?
   a) yes
   b) no
   Give reasons for your answer.
5. What do you believe has been the impact of the GCA on the groceries market?
6. How effective do you consider the GCA has been in exercising its powers in providing arbitration?
7. How effective do you consider the GCA has been in exercising its powers in conducting investigations and undertaking enforcement activity?
8. How effective do you consider the GCA has been in exercising its powers in providing advice, guidance and recommendations?
9. Do you think the GCA has been effective in enforcing the Code?
   a) yes
   b) no
   Give reasons for your answer. This question will allow us to gauge the broad sense of effectiveness in wide terms. Detailed analysis of effectiveness will be judged by responses to all questions.
10. Do you think the Secretary of State should:
    a) amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015?
    b) make an order setting out the information which the GCA may consider when deciding whether to investigate (see section 15(11) of the Act)?
    Explain what changes, if any, should be made and why.
11. Do you think the current model of the GCA is effective?
    a) yes
    b) no
    Give reasons for your answer, including if you think the GCA would be more or less effective if consolidated with another public body. Answers to this question will allow us to gauge whether the current form of the GCA is still the most appropriate.
12. Do you understand the GCA’s remit in relation to the ASCA?
    a) yes
    b) no
    Give reasons for your answer. Answers to this question will help us assess the GCA’s effectiveness in light of the establishment of the ASCA.
13. Do you think there are unfair contractual practices in parts of the supply chain which are not covered by the Code or the Fair Dealings Regulations, but which are having a negative impact on grocery suppliers?
    a) yes
    b) no
    Give reasons for your answer as well as evidence and examples of such practices. This question will help us assess whether there are supply chain practices, such as the use of intermediaries by large retailers, which may be impacting on the effectiveness of the Groceries Code and the GCA’s enforcement of it.

2: Questions for the GCA

1. For the statutory review period, how you have met your statutory duties set out in the GCA Act 2013? Comment in particular on:
   a) how much you have exercised your powers
   b) how effective you have been in enforcing the Groceries Code
2. We would also welcome any comments you may have on the order-making powers contained in the Act and whether you would find it helpful for the Secretary of State to:
   a) amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015
   b) make an order setting out the information which you may consider when deciding whether to investigate (see section 15(11) of the Act)
3. How effective has the GCA been since 2022 in:
   a) improving retailer and supplier awareness of the Code
   b) improving supplier confidence in raising issues with retailers and with the GCA?

3: Questions for the CMA

The Competition Commission’s investigation into the UK’s retail grocery market recommended the creation of an ombudsman to monitor and enforce compliance with the Code. This recommendation was taken forward in the GCA Act 2013.

1. For the statutory review period, comment on the GCA’s effectiveness in fulfilling the role intended for it by the Competition Commission in 2009^{[footnote 10]}.
   Comment in particular on whether the GCA has sufficient and proper powers to enforce the Code effectively.
2. We would also welcome any comments you may have on how effective the GCA has been in exercising its powers.

4: Questions for retailers

These questions are for retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply Order and in the Notices of Designation issued by the CMA. While responding, retailers should only consider their experience with the GCA from April 2022.

1. What impact, if any, has the GCA had on your relationships with your suppliers?
2. Has resolving a complaint with suppliers become more or less burdensome than before the GCA or before you were designated as a retailer?
3. What do you believe has been the impact of the GCA on the groceries market?
4. Is there any way to make the GCA more effective in delivering its key objectives?

5: Questions for suppliers

1. To which of these retailers do you currently supply groceries?
   - Aldi Stores Ltd
   - Amazon.com, Inc
   - Asda Stores Ltd
   - B&M European Value Retail SA
   - Co-operative Group Ltd
   - Iceland Food Ltd
   - J Sainsbury plc
   - Lidl GB Ltd
   - Marks and Spencer plc
   - Ocado Retail Ltd
   - Tesco plc
   - TJ Morris Ltd (trading as Home Bargains)
   - Waitrose Ltd
   - Wm Morrison Supermarkets Ltd
2. During your contract period, and since April 2022, have you experienced any of the following issues with the retailers which are covered by the Code areas?
   - variation of supply agreements and terms of supply
   - unjustified charges for consumer complaints
   - obligation to contribute to marketing costs
   - delay in payments
   - no compensation for forecasting errors
   - payment as a condition of being supplier
   - not applying due care when ordering for promotions
   - not meeting duties in relation to de-listing
   - variation of supply chain procedures
   - payment for wastage
   - payment for better positioning of goods
   - payment for shrinkage
   - tying of third party goods and services to payment
   - no issues with the Code
   - not aware of the Code
   - don’t know (give reasons)
3. If you experienced any of the issues how often did you experience them?
   a) regularly
   b) occasionally
   c) rarely
4. Did you raise any of these issues with the GCA?
   a) yes
   b) no
5. If you raised an issue with the GCA how satisfied were you with your dealings with the GCA?
   a) very satisfied
   b) satisfied
   c) neutral
   d) unsatisfied
   e) very unsatisfied
   Give reasons for your answer.
6. If you did not raise an issue with the GCA, why not?
   State all that apply:
   - fear of some form of penalty from retailer
   - didn’t think the GCA would be able to do anything
   - you can address the concerns yourself
   - didn’t feel that the concerns were important enough
   - you already alerted a trade association
   - concerns over confidentiality
   - not sure what is covered by the Code
   - other reason
   What would encourage you to raise an issue with the GCA?
7. Would you say the issues you have highlighted have happened to a greater, the same or lesser extent since April 2022?
   a) greater
   b) same
   c) lesser
   Give reasons for your answer.
8. How do you feel retailer practice overall has changed since April 2022?
   a) improved
   b) stayed the same
   c) worsened
   d) not sure
   Give reasons for your answer.
9. Has the introduction of the GCA had an impact on product or process innovation?
   a) substantially more likely to undertake product or process innovation
   b) slightly more likely to undertake product or process innovation
   c) no impact on undertaking product or process innovation
   d) less likely to undertake product or process innovation
   e) substantially less likely to undertake product or process innovation
10. If the introduction of the GCA has had an impact on product or process, could you give examples of product or process innovation that you have carried out?
11. Do you now spend relatively more, or relatively less, on product or process innovation than you did 3 years ago?
    a) relatively more
    b) relatively less
    c) no change
    Give reasons for your answer.

6: Question for consumers

1. What do you believe has been the impact of the GCA on consumers in relation to:
   a) the quality of groceries supplied by the retailers?
   b) the choice of groceries supplied by the retailers?
   c) any other impact or effects?

Next steps

Comments made in response to this review will be considered by the GCA Review Team and will inform the Secretary of State’s report which will be published once the review has concluded. We may contact you if, for example, we have a query in respect of your response. The final report will be published on GOV.UK once the review has concluded.

Annex A: terms of reference

This document sets out the terms of reference for the government’s fourth review of the Groceries Code Adjudicator (‘the GCA review’). Its purpose is to explain the issues that will be examined by the GCA review.

Section 15 of the Groceries Code Adjudicator Act 2013 requires the Secretary of State to review the Groceries Code Adjudicator’s performance every 3 years, with the fourth review period covering the period from 1 April 2022 to 31 March 2025.

The GCA review covers the statutory requirements which the government is obliged to fulfil under the Groceries Code Adjudicator Act 2013 (‘the Act’).

The statutory review

The Act requires the government to look at the GCA’s performance and at specific order-making powers contained within the Act. The terms of reference will set out how the obligations in relation to the statutory review will be met.

Term of reference 1

Consider the GCA’s performance from 1 April 2022 to 31 March 2025.

This will in particular:

• consider how much the GCA’s powers have been exercised and in what circumstances; and
• assess how effective the GCA has been in enforcing the Groceries Code (‘the Code’).

Term of reference 2

Consider whether it would be desirable for the Secretary of State to exercise his order-making powers contained in Section 9(6)^{[footnote 11]} and Section 15(11) of the Act.

This will consider whether:

• to make an order setting out the information that the GCA may consider when deciding whether to investigate
• to amend or replace the Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015.

Consultation process

The following will be consulted:

• the GCA
• the CMA
• the retailers subject to the Code^{[footnote 12]}
• one or more persons representing the interest of suppliers
• one or more persons representing the interests of consumers
• any other appropriate person (the Secretary of State has not identified any specific person or persons here and welcomes contributions from any interested person)

As soon as practicable after the consultation period, the Secretary of State will:

• publish a report of the findings of the GCA review
• lay a copy of the report before Parliament

Explanatory notes

In preparing these terms of reference we have fulfilled the requirements of the Act. Section 15(8) of the Act sets out the persons that must be consulted as part of the review. Paragraph (g) of section 15(8) says that includes any other person the Secretary of State thinks appropriate. The Secretary of State has not identified any other specific person or persons he wishes to consult but welcomes contributions from any interested person.

1. Aldi, Amazon, Asda, B&M, Co-Op, Home Bargains, Iceland, Lidl, M&S, Morrisons, Ocado, Sainsbury’s, Tesco and Waitrose ↩

2. Fair Dealing Obligations (Milk) Regulations 2024/537 ↩

3. https://www.legislation.gov.uk/ukpga/2013/19/contents ↩

4. https://www.gov.uk/government/publications/groceries-code-adjudicator-statutory-review-2013-to-2016 ↩

5. https://www.gov.uk/government/publications/groceries-code-adjudicator-statutory-review-2016-to-2019 ↩

6. https://www.gov.uk/government/publications/groceries-code-adjudicator-statutory-review-2019-to-2022 ↩

7. In April 2014, most of the functions of the Competition Commission were transferred to the Competition and Markets Authority. ↩

8. https://www.gov.uk/cma-cases/groceries-market-investigation-cc ↩

9. https://www.gov.uk/government/collections/gca-guidance ↩

10. https://www.gov.uk/government/publications/groceries-supply-chain-practices-market-investigation-order ↩

11. Note section 15 does not require the review to consider the powers in section 9(6) of the Act but section 15(6) provides that the review may consider this. ↩

12. At the date of this document these retailers are: Asda Stores Ltd; Co-operative Group Ltd; Marks & Spencer plc; Wm Morrison Supermarkets Ltd; J Sainsbury plc; Tesco plc; Waitrose Ltd; Aldi Stores Ltd; Iceland Foods Ltd; Lidl GB Ltd; B&M European Value Retail S.A.; TJ Morris Ltd, trading as Home Bargains; Ocado Retail Ltd; and Amazon.com, Inc. ↩