FOI release

Request for information on trading practices and supply chain structure

Published 23 April 2026

7th Floor, The Cabot
25 Cabot Square
London E14 4QZ
T: +44 (0)20 7215 6537
E: Enquiries@GroceriesCode.gov.uk
www.gov.uk/gca

Sent by email

17 April 2026

Freedom of Information Act: Request for information on Groceries Code Adjudicator (GCA) activities

Thank you for your email of 23 February 2026 regarding Trading Practices and Supply Chain Structure. You asked for:

1. Any data or analysis on (a) payment terms offered by each designated retailer, (b) average time to payment, (c) prevalence of retrospective cost adjustments.

2. Any data on the proportion of supplier revenue derived from each designated retailer (supplier dependency analysis).

3. Any analysis of how trading practices affect (a) small versus large suppliers, (b) different product categories, (c) supplier investment decisions.

4. Number of direct suppliers to designated retailers, by retailer and product category, where held.

You clarified on 18 March 2026 that you were requesting information from the GCA at a UK wide level, broken down geographically where possible.

General right of access to information

Under section 1(1) of the Freedom of Information Act 2000 (“the FOIA”), anyone making a request for information to the GCA, as a public authority, is entitled to be informed in writing whether it holds that information, and if so, to be supplied with it.

The GCA does not hold the information specified in parts 2 and 3c of your request.

The GCA does hold information specified in parts 1 (a, b and c), 3a, 3b and 4 of your request. The information that the GCA holds comprises:

• Responses to the GCA annual supplier survey

• Information provided to the GCA by the designated retailers (“Retailers”)

• Information provided to the GCA by suppliers to the Retailers or by other parties

• Information provided to the GCA in the course of its ongoing statutory investigation of Amazon.com, Inc

• Data on payment practices and performance reported in line with regulations made under section 3 of the Small Business, Enterprise and Employment Act 2015

GCA annual supplier survey responses

The GCA conducts annually a survey of suppliers in order to understand perceptions of Retailers’ compliance with the Groceries Code and other matters. The findings of this survey are critical to the GCA’s statutory purpose of enforcing the Groceries Code and encouraging compliance with it. It provides information in relation to the majority of supplier issues reported to the GCA and provides a fundamental basis for the GCA’s established collaborative approach. It is also used to inform Retailers’ annual Code compliance action plans, which are a fundamental tool for the GCA in establishing Code compliance, and as of 2026, it has provided the criterion used for raising the element of the GCA levy that varies between Retailers.

Survey respondents are advised that “The survey is being run independently by YouGov and all the information you provide is treated in the strictest confidence. It should take you about 10-15 minutes and all answers are collated and analysed by YouGov. No one will be identified without their consent and then only to the GCA.”

Some of the information falling within the scope of your request is included in responses to that survey. However, the GCA has concluded that this information is exempt from disclosure on the basis of the below exemptions under the FOIA.

Section 22A

Section 22A of the FOIA provides that information obtained from a programme of research is exempt from disclosure, as long as:

• The programme is still underway. This condition is met. The GCA survey and analysis are an ongoing programme of research into supplier perceptions of compliance with the Groceries Code by the Retailers.

• There is an intention to publish a report of the research. This condition is met. The GCA publishes a report of principal supplier survey findings, most recently for 2026, and intends to publish a report in 2027 and thereafter. The GCA also reports on the survey’s findings in its Annual Report and Accounts.

• Disclosure of the information would be likely to prejudice the research programme being conducted by the GCA, and the interests of participants in the programme. We have concluded that this condition is also met because release of the raw data would enable the identification of individual respondents, in breach of an express guarantee of confidence. Disclosure of the information would lead to a loss in confidence in the GCA’s ability to treat information confidentially, a loss of confidence in the GCA across the sector, and risk future participation in the survey. In addition, enhanced visibility of the mechanics of the survey would make it more straightforward to manipulate responses, which would be likely to undermine the collection of reliable data.

Exemptions under section 22A are subject to the public interest test, which assesses the public interest in disclosure compared to the public interest in maintaining the exemption.

Public interest favours disclosure

There is a general public interest in transparency. Disclosure of this information would increase transparency about patterns of noncompliance by Retailers and about the GCA’s analytical work. There is also a general public interest in enabling external scrutiny of public sector research methods.

Public interest favours withholding

There is a public interest in maintaining the section 22A exemption to avoid the likely prejudice to the programme, the GCA’s interests, and the interests of individuals participating in the programme.

Release of the requested information would be likely to prejudice the programme for the reasons set out above, which would be likely to prejudice the interests of the GCA by likely depriving it of the robust information necessary to inform its proper regulation of the activities of Retailers. This would be likely to weaken the GCA’s ability to achieve its statutory purpose, which would be contrary to the public interest. It would also prejudice the interests of individuals participating in the programme, by likely creating concern about the information that they have provided in confidence, inhibiting candid future participation and reducing suppliers’ ability to assert their right to the protections offered by the Groceries Code. These outcomes would be contrary to the public interest.

Therefore, having carefully considered the arguments above, the GCA is withholding the relevant information that you have requested, having concluded that the public interest would not be served by its release. We are satisfied that the public interest is met by the information that has been placed into the public domain.

Other exemptions

As explained above, we consider that this entire category of information is exempt under section 22A of the FOIA. However, we consider that the exemptions set out at sections 22 and 41 of the FOIA would also apply to information falling within this category as the GCA has a settled intention to publish the planned information in its report, so that information would be exempt from disclosure under section 22; and the information which is not published is subject to a duty of confidence because it was provided to the GCA under an express commitment in respect of confidentiality, as referred to above. The GCA considers that this information has the necessary quality of confidence and it would constitute a breach of confidence if it were disclosed.

Information from Retailers

The GCA’s approach to its engagement with Retailers is explained in the GCA’s Annual Report and Accounts (on page 18 of its most recently published report). The GCA publishes records of its regular discussions with Code Compliance Officers. Some of the information that you requested was information that was received from Retailers in these circumstances.

Section 44(1)(a) of the FOIA exempts information from disclosure where its disclosure is prohibited by or under any other enactment.

Section 237 of the Enterprise Act 2002 (“the Enterprise Act”) prohibits the disclosure of specified information relating to the affairs of an individual (during their lifetime) or any business of an undertaking (while the undertaking continues in existence). Specified information is defined in section 238 of the Enterprise Act as information which comes to a public authority in connection with the exercise of its functions under or by virtue of a number of specified enactments, which include the Groceries Code Adjudicator Act 2013 (“the GCA Act”).

The GCA Act provides that the GCA’s role is to enforce the Groceries Code and to encourage compliance with it. Information provided to the GCA by Retailers as set out above is provided in connection with the exercise of its functions under the GCA Act. This information helps inform the GCA’s view about the nature, impact and scale of alleged practices by Retailers, including those which do not appear to be consistent with the Groceries Code, and which in turn allows the GCA to provide advice relating to the Groceries Code to Retailers in accordance with section 11 of the GCA Act.

The information that you requested that was provided to the GCA by Retailers is exempted from release by section 44(1)(a) of the FOIA read together with section 237 of the Enterprise Act. Section 44 is an absolute exemption and there is no requirement to consider the public interest.

We also consider the exemption as set out at section 41 of the FOIA (as described in more detail above) applies to this information as it is information provided by Retailers with an expectation and quality of confidence, to encourage openness and transparency from them in order to enable the GCA to perform its statutory functions.

Information from suppliers and other parties

The GCA actively seeks information from suppliers and other parties about their perceptions of Retailers’ compliance with the Groceries Code and other matters. Some of the information that you requested was received from suppliers and other parties.

Section 44(1)(a) of the FOIA provides that information is exempt if disclosure by the public authority holding it is prohibited by or under any enactment.

Insofar as this information is not received in connection with the GCA annual survey of suppliers (which is considered under section 22A FOIA above), for similar reasons to those identified above in connection with information provided by Retailers, information provided by suppliers and other parties relating to the business of Retailers (being the business of an undertaking while the undertaking continues in existence) which the GCA has requested and/or received for the purposes of allowing it to advise Retailers on issues of concern falls within the scope of section 11 of the GCA Act. This therefore constitutes “specified information” for the purposes of section 237 of the Enterprise Act, which the GCA is prohibited from disclosing.

The information that you requested that was provided to the GCA by suppliers or other parties is exempted from release by section 44(1)(a) of the FOIA read together with section 237 of the Enterprise Act. Section 44 is an absolute exemption and there is no requirement to consider the public interest.

We also consider the exemption as set out at section 41 of the FOIA (as described in more detail above) applies to this information. The GCA makes very clear, both in terms of public statements and in its individual discussions with suppliers and other parties, that it encourages them to raise issues and concerns about Retailers’ compliance with the Groceries Code on a confidential basis so they can disclose this information without fear of identification and potential recriminations. This information then in turn better enables in the GCA to perform its statutory functions, including to help establish whether to instigate an investigation into a Retailer under section 4 of the GCA Act.

Investigation information

The GCA is currently conducting a statutory investigation into whether Amazon.com, Inc has broken paragraph 5 of the Groceries Code. Some of the information that you requested was provided to the GCA for the purposes of this investigation.

Section 30(2)(a)(iii) of the FOIA provides that information held by a public authority is exempt from release if it was obtained or recorded by the authority for the purposes of its functions relating to investigations for any of the purposes specified in section 31(2) of the FOIA and by virtue of powers conferred by or under any enactment.

The purposes specified in section 31(2) of the FOIA include ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist. Section 4(1) of the GCA Act provides that the Adjudicator may investigate whether a Retailer has broken the Groceries Code.

Exemption of information from release under section 30(2)(a)(iii) of the FOIA is subject to the public interest test.

Public interest favours disclosure

There is a general public interest in transparency. It is in public interest to improve understanding of the Retailers’ treatment of their suppliers, including given the negative impact of the practices prohibited by the Groceries Code on suppliers’ ability to invest and innovate. This public interest would be furthered by the disclosure of the information that you requested. We note however, that the GCA must publish a report on the outcome following the investigation, advancing the public interest considerations set out above at the appropriate time, given the considerations of natural justice.

It is also in the public interest that the GCA be accountable. We note that the GCA has published “Statutory guidance on how the Groceries Code Adjudicator will carry out investigation and enforcement functions” and a Notice of Investigation of Amazon that gives some insight into these matters in order to meet this public interest.

Public interest favours exemption from disclosure

The GCA’s investigation is ongoing. The effective progression of the investigation would be aided by the GCA maintaining private thinking space. Release of information related to the investigation may deprive the GCA of the ability to carefully consider all relevant aspects of the matters under investigation. It is not in the public interest that the GCA be prevented in this way from properly delivering the investigation and fulfilling its statutory purpose.

Although the GCA has statutory powers to require the provision of information in relation to the investigation, the efficient delivery of this and future investigations and the GCA’s wider regulatory activities rely on the voluntary provision of confidential information. There is significant concern among businesses in the sector that provision to the GCA of information about noncompliance with the Groceries Code may result in retaliation by Retailers. The GCA, in announcing the investigation, stated explicitly that “no individual… will be… identifiable either in the report or in any other way…” It is in the public interest that strict confidentiality be maintained in order that the supply of information to the GCA be protected.

It is also of the utmost importance that the investigation proceeds in accordance with the principles of natural justice.

Having carefully considered the arguments above, including the information that the GCA has and will place into the public domain at the appropriate time, the GCA is withholding the relevant information that you have requested, having concluded that the public interest would not be served by its release.

Payment practices reporting data

GCA action to enforce the Groceries Code includes periodic consideration of data reported by businesses in line with regulations made under section 3 of the Small Business, Enterprise and Employment Act 2015.

Section 21 of the FOIA exempts from release information that is reasonably accessible by other means. Data reported in line with regulations made under section 3 of the Small Business, Enterprise and Employment Act 2015 is available on gov.uk.

Appeals Procedure

If you wish to complain about the way in which your request for information has been handled, you may seek an internal review by writing, setting out the reasons you feel your request has not been dealt with effectively, to:

The FOI Review Co-ordinator
Groceries Code Adjudicator
7th Floor, 25 Cabot Square
London
E14 4QZ

Alternatively, you can email: enquiries@groceriescode.gov.uk.

We will aim to deal with your Internal Review request within 20 working days of receipt or, if that is not possible, advise you of a date when we expect to complete the review.

If you are dissatisfied with the outcome of the Internal Review, you then have the right to appeal to the Information Commissioner’s Office. You can do this on the Information Commissioner’s Office website.