Posts Tagged ‘consolidation’
“I went down the street to the 24-hour grocery. When I got there, the guy was locking the front door. I said, ‘Hey, the sign says you’re open 24 hours.’ He said, ‘Yes, but not in a row.'”*…
As Max Burns reports, a wave of corporate consolidation is reshaping the grocery industry; today, the U.S. has one-third fewer grocery stores than it did 25 years ago. The result is that just four corporations—Walmart, Kroger, Costco, and Albertsons—control more than two-thirds of the U.S. grocery market, This is squeezing workers, limiting competition, and giving this handful of retailers unprecedented control over what Americans pay for food…
If it feels to you like American consumers have fewer choices than ever before, your mind isn’t playing tricks on you. Federal regulators are approving corporate mega-mergers at the fastest rate since the 1980s. Consumers are feeling those industry-spanning consolidations everywhere, as hardly a sector of American life has escaped Wall Street’s goal of building the largest and most powerful corporate conglomerates in world history.
From power utilities and artificial intelligence to broadcast news networks and railroads, a few massive corporate players have come to dominate American commercial life in ways not seen since the Gilded Age trusts of the 19th century. Those consolidations have generated historic profits for executives and major shareholders while working families are faced with lower quality goods and services, fewer options, and a hostile labor market unfairly skewed toward the interests of the ultra-rich.
Democrats have been quick to criticize some of the nation’s biggest mergers as anti-worker and anti-consumer, but one critical sector of the U.S. economy has managed to escape widespread public criticism: grocery stores. Thanks to a record rise in special interest cash donations to both Democrats and Republicans, grocery-industry lobby groups have managed to keep prices high, wages low, and consumer choice limited while avoiding federal policymakers’ crosshairs. The result is an invisible crisis in the nation’s food industry that threatens to reshape how and what Americans eat.
In a corporate landscape defined by Republican deregulation, America’s grocery stores and food suppliers are consolidating despite active federal laws explicitly intended to prevent anticompetitive behavior. Perhaps the most important of those laws is the Robinson-Patman Act of 1936, or RPA, also known as the Anti-Price Discrimination Act. For decades, RPA ensured fair competition by banning food suppliers from charging different prices to different stores; at least it did until the Reagan-era Federal Trade Commission largely stopped enforcing it in the 1980s. Even though RPA is still the law of the land, food suppliers like Pepsi now routinely ignore the law without consequence.
“Big corporations have buying power, and they can oppress and dictate to producers what they want to pay for crops,” Rhode Island Lt. Gov. Sabina Matos told me. “A corporation can come to a farmer and say ‘we’ll pay you this price for potatoes, but you can’t give that price to anyone else,’ so they fix prices in a way that hurts independent supermarkets and independent businesses.”
Megacorporations aren’t subtle about flexing their market power to fix prices in ways that protect other megacorporations. Last year President Donald Trump’s FTC dismissed an RPA claim against PepsiCo which alleged that Pepsi illegally offered grocery chain Walmart unfair pricing discounts while charging smaller chains more for the same products. When independent grocery stores undercut Walmart by lowering the price of Pepsi products, PepsiCo allegedly responded by raising wholesale prices or refusing to do business with the smaller stores until they raised prices above those at Walmart.
As independent grocery stores struggle, they become more likely to sell out to larger national chains, leading to consolidation that makes both prices and employee wages less competitive. As president of the United Food and Commercial Workers International Union Local 3000, Faye Guenther represents over 50,000 grocery and retail workers across the Pacific Northwest. Guenther has spent years fighting the growing imbalance between rising prices and falling wages. Now, she says, things have reached a crisis point for regular Americans…
Read on for Burns’ looks at the impact on workers (TLDR: fewer jobs, lower wages), availability of stores (TDLR: or its opposite, food deserts), and food prices (TLDR: they’re rising), and for his suggested remedies.
The painful reality behind the joke “I’m getting stronger with age. I can now lift $100 worth of groceries with one hand!”: “America’s Grocery Monopoly Problem,” from @themaxburns.bsky.social in @damemagazine.bsky.social.
See also: “Grocery Retail: The Last Link in the Monopoly Chain.”
Also apposite: “Big Food Versus the People” (what court battles reveal about the ultra-processed food industry’s corporate litigation strategies). Further to which: “Is the recycling symbol free speech? A judge just ruled it could be“…
A pioneering California law meant to sharply limit use of the familiar “chasing arrows” recycling symbol has been blocked by a federal judge who said it probably violates the First Amendment.
In a preliminary injunction issued earlier this month, U.S. District Judge William Hayes halted enforcement of SB 343 after food, packaging and retail groups sued, finding that key provisions were “unconstitutionally vague” and likely infringed protected commercial speech. Enforcement of the law, passed in 2021, was expected to start this fall.
The decision is a blow to environmental advocates, who had hoped to remove the familiar symbol from a huge array of plastic products, in line with a statewide study showing that only a fraction are widely collected and actually recycled. SB 343 said only goods and packaging accepted by recycling programs serving at least 60 percent of Californians and then actually sorted for recycling — not collected and thrown away — could bear the chasing arrows.
Hayes’ constitutional reasoning surprised supporters of SB 343 because similar arguments against environmental marketing regulations have historically struggled in court….
Of course, there’s always eating out… but of course, that’s got its own issues: “The restaurant business is changing beyond recognition,” gift article from @economist.com.
Oh, and we might note that this is National Farmers Market Week.
* Steven Wright
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As we chow down, we might recall that it was on this date in 1930 that the officially-adjudicated “first supermarket” opened: King Kullen in Queens, New York.
Grocery chains had been around since 1859, when The Great Atlantic & Pacific Tea Company (A&P) was established. But they rarely sold fresh meat or produce and relied on the old mercantile system of clerks puling items from shelves on request. As long-time readers may recall, the first self-service grocery store was the Piggly Wiggly, which shifted to self-serve in 1916.
The first modern supermarkets appeared just over twenty years later, offering a full range of food items, beverages, and household items under one self-service roof, often with an emphasis on low prices as well as convenience. There were a number of contenders for the “first supermarket” crown…
To end the debate, the Food Marketing Institute in conjunction with the Smithsonian Institution and with funding from H.J. Heinz, researched the issue. They defined the attributes of a supermarket as “self-service, separate product departments, discount pricing, marketing and volume selling.” They determined that the first true supermarket in the United States was opened by a former Kroger employee, Michael J. Cullen, on 4 August 1930, inside a 6,000-square-foot former garage in Jamaica, Queens in New York City. The store King Kullen, operated under the logic of “pile it high and sell it cheap.” The store layout was designed by Joseph Unger, who originated the concept of customers using baskets to collect groceries before checking out at a counter. Everything displayed for sale in the store “had prices clearly marked”, meaning that consumers would no longer need to haggle over prices. Cullen described his store as “the world’s greatest price wrecker.” At the time of his death in 1936, there were seventeen King Kullen stores in operation. Although Saunders had brought the world self-service, uniform stores, and nationwide marketing, Cullen built on this idea by adding separate food departments, selling large volumes of food at discount prices and adding a parking lot. Moreover, the supermarket format as pioneered by King Kullen was not only cheap, but convenient, in how it combined so many different departments under one roof which had formerly required trips to separate stores. – source
“This massive ascendancy of corporate power over democratic process is probably the most ominous development since the end of World War II”*…
Food is a major topic of conversation these days. Americans feel that they’re paying more for less, with explanations ranging from rising production costs and supply chain disruptions, to concentration among suppliers leading to profit-gouging. In an excerpt from his new book, Barons: Money, Power, and the Corruption of America’s Food Industry, Austin Frerick reminds us that, while those issues are all too real, the emergence of food behemoths has brought other issues as well…
Like the broader Gilded Age economy that Walmart exemplifies and has played a role in shaping, the wealth in Bentonville obscures the hardship surrounding it. After all, the Walton family has so much money to spend on museums and bike trails because they have extracted it from the communities in which Walmart operates—from shoppers but also from the company’s employees, the towns themselves, and even from taxpayers through a series of hidden government subsidies.
For example, as Walmart expanded its traditional stores into Supercenters, it would often construct a new, larger building nearby instead of simply adding on to the existing one. Those old stores frequently sat empty or underused, just like the original Walmart in Rogers. That may be why Walmart openings have been linked to declines in nearby home values.
Walmart and other major retailers have made the situation even worse by including restrictive covenants in the deeds of old buildings, which prevent other retailers from using the space for competitive purposes. These provisions perpetuate food deserts and tie the hands of communities struggling to figure out what to do with these ghost buildings. After all, it’s not easy to find a use for an old Walmart that doesn’t involve grocery or retail. One former Walmart Supercenter in Brownsville, Texas, became the center of a national debate when it was bought by a firm detaining migrant children.
Limiting competition is apparently not enough for Walmart. The company understands what happens to communities when its stores are abandoned, and it uses this knowledge to leverage a tax break. The company often engages in what is known as the “dark stores” loophole, a tax dodge that lets it evade millions in property taxes by valuing its stores as if they were closed.
These shenanigans further tilt the scales in Walmart’s favor and deprive local communities of needed tax revenue. They are particularly egregious in light of the fact that many of their stores were built with massive taxpayer subsidies in the first place. Of course, this isn’t the only tax loophole the family has exploited. In 2013, Bloomberg reported that the family pioneered an estate tax loophole that is now widely used by American billionaires.
As bad as Walmart is for communities as a whole, it creates conditions that are particularly damaging for workers. As labor historian Nelson Lichtenstein noted, Sam Walton built a company rooted in a “southernized, deunionized post-New Deal America.” Walmart has long been defined by transnational commerce, employment insecurity, and poverty-level wages, which is an ironic geographic twist on history given that the region was at the heart of the New Deal and the antichain movement.
Walmart employs about 1.6 million people in the United States alone, making it the nation’s largest private employer. In fact, more people are on the company’s payroll than the populations of eleven states. The company’s impact on the labor market is so big that it drives down wages in the areas in which it builds Supercenters. In the words of one academic, Walmart effectively “determine[s] the real minimum wage” in the country. That’s why it’s national news when the company decides to raise wages.
From its founding, Walmart has been notorious for its poverty-level wages; in its early years, the company exploited a loophole in order to pay the mostly female store employees half of the federal minimum wage. It took a federal court battle for the workers to receive the minimum wage. In 2021, Walmart employees’ median income was about $25,000, whereas CEO Doug McMillon took home $25.7 million that year.
Given this history, it should come as no surprise that Sam Walton hated unions. “I have always believed strongly that we don’t need unions at Wal-Mart,” he stated in his memoir. Over the years, the company has aggressively fought efforts to unionize, and it seemingly closes stores whenever they gain traction. For example, after deli counter workers in a Texas Walmart Supercenter voted to unionize in 2000, the company switched to prepackaged meat and closed the department. In 2015, Walmart suddenly closed five stores to deal with what it said were extensive plumbing issues, which it said would take six months to fix. Some speculated that the real reason it closed the stores was to let the employees go as retaliation for labor activism.
And it’s not just labor laws that the company has eluded. A 2017 report based on a survey of over one thousand Walmart employees found that the company was likely violating worker protections such as the Americans with Disabilities Act and the Family and Medical Leave Act, among others. According to the New York Times, the company “routinely refuses to accept doctors’ notes, penalizes workers who need to take care of a sick family member and otherwise punishes employees for lawful absences.”
As the company’s power grew, it reshaped labor options and norms for millions of Americans. Gary Chaison, a labor expert, told the New York Times in 2015, “What you’re increasingly finding is that it’s the primary wage earners who work at Walmart, because a lot of workers have more or less given up on getting middle-class jobs.” Meanwhile, many older Americans are working at the store past the normal retirement age because of their financial insecurity, a sad reality reflected by the recent TikTok trend of elderly Walmart employees asking for donations.
This power imbalance between Walmart and its employees explains the poverty-level wages for many of Walmart’s 1.6 million workers but also for employees of its competitors. Some unionized grocery stores have even used the opening of a Supercenter as an excuse to demand cuts to their own employees’ wages and benefits.
These low wages also obscure a generous hidden subsidy that the company receives from taxpayers. Many Walmart workers depend on government public assistance programs such as Medicaid (health care), the Earned Income Tax Credit (a low-wage tax subsidy), Section 8 vouchers (housing assistance), LIHEAP (energy assistance), and SNAP (food assistance), among others. In 2013, one estimate by congressional House Democrats found that taxpayers subsidized Walmart to the tune of more than $5,000 per employee each year through all of the government assistance programs that its workers need.
In effect, instead of paying a living wage to these employees, the Walton family shifts the burden onto taxpayers. Although many people may recoil at the idea of the public filling the gap between Walmart’s pay and the income its workers need to survive, not all policymakers see an issue with this sort of billionaire welfare. Jason Furman, former chair of the Council of Economic Advisers under President Obama, wrote a paper before joining the administration titled “Wal-Mart: A Progressive Success Story” that called for even more of these subsidies to Walmart’s bottom line.
There is, of course, another way to address the issue. Walmart failed to establish dominance in Germany because of the country’s strong labor protections and antitrust guardrails. These market protections may explain why the company eventually threw in the towel and sold off its operations there.
In some instances, Walmart even receives a double subsidy. Its workers and shoppers frequently rely on SNAP, the Supplemental Nutrition Assistance Program, formerly known as “food stamps.” The program originated as part of the New Deal as a temporary measure and was made permanent by President Lyndon Johnson in a bill signed in 1964. This program and several smaller food assistance programs are now part of the Farm Bill. In fact, these food assistance programs make up more than 75 percent of the most recent Farm Bill.
SNAP is in many ways a triumph of progressive social policy, with an average of 41.2 million people participating in the program each month in 2022. The use rate is so high because, unlike many other programs, SNAP was structured by the US Congress so that anyone who qualifies is guaranteed to receive assistance. As a result, the program is a lifeline for millions of Americans who might otherwise struggle to put food on the table.
But because of Walmart’s dominance of the grocery sector, a very large portion of SNAP dollars now run through the company’s cash registers. In 2013, the company received $13 billion in sales from shoppers using SNAP. By comparison, farmers markets took in only $17.4 million of all SNAP spending that same year. The amount of SNAP money received by the company surged with the expansion of SNAP benefits in response to the COVID-19 pandemic. With some back-of-the-envelope math, I came up with a rough estimate that Walmart now receives somewhere around $26.8 billion each year from SNAP.
Unfortunately, more concrete numbers are not available because the US Supreme Court has ruled that the amount of taxpayer money that the company receives from SNAP can be kept secret. In 2019, the Court heard a case involving the USDA’s decision to deny a request by a South Dakota newspaper for this information. “Most of the time, the government tells the public which companies benefit from federal dollars earmarked for taxpayer-funded public assistance programs,” agriculture and food reporter Claire Brown noted. “We know which insurance companies make the highest profits from Medicare and Medicaid, for example, and those figures have been used to pressure them to offer better options to their clients.” But in this instance, the Court rejected this level of transparency, with Justice Elena Kagan joining the Republican-appointed members of the Court to uphold the USDA decision under the notion that it was “confidential” business information.
The program is important enough that it factors into Walmart’s operational decision-making. Many Americans enrolled in SNAP schedule their trips to the grocery store around the days when their funds get deposited. In fact, the company factors this bump into its ordering system…
Expensive food is only one of the prices we pay to “Food Barons“– @AustinFrerick in @ProMarket_org.
* “This massive ascendancy of corporate power over democratic process is probably the most ominous development since the end of World War II, and for the most part “the free world” seems to be regarding it as merely normal.” – Wendell Berry, Bringing it to the Table: On Farming and Food
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As we ponder the point at which profit becomes predation, we might recall that it was on this date in 1950 that Hormel registered the name and trademark “Spam” for its canned meat product. It is also interesting to note that the company had marketed the product since 1937, and only felt the need to protect the name 13 years later.
“Old ways of thinking die hard, particularly when they were weaned by legally enforced monopolies”*…
According to the US Bureau of Labor Statistics, from 2000 to present, prices in the hospital industry have grown faster than prices in any other sector of the US economy. The $1.3 trillion US hospital sector accounts for 6% of US GDP, nearly a third of all health care spending (which is materially higher as a share of GDP in the U.S. than in any other country). The average price for an inpatient hospital stay is $25,000.
A new working paper from the NBER assesses the impact of these rising costs. From its abstract:
We analyze the economic consequences of rising health care prices in the US. Using exposure to price increases caused by horizontal hospital mergers as an instrument, we show that rising prices raise the cost of labor by increasing employer-sponsored health insurance premiums. A 1% increase in health care prices lowers both payroll and employment at firms outside the health sector by approximately 0.4%. At the county level, a 1% increase in health care prices reduces per capita labor income by 0.27%, increases flows into unemployment by approximately 0.1 percentage points (1%), lowers federal income tax receipts by 0.4%, and increases unemployment insurance payments by 2.5%. The increases in unemployment we observe are concentrated among workers earning between $20,000 and $100,000 annually. Finally, we estimate that a 1% increase in health care prices leads to a 1 per 100,000 population (2.7%) increase in deaths from suicides and overdoses. This implies that approximately 1 in 140 of the individuals who become fully separated from the labor market after health care prices increase die from a suicide or drug overdose.
– NBER WORKING PAPER SERIES- WHO PAYS FOR RISING HEALTH CARE PRICES? EVIDENCE FROM HOSPITAL MERGERS
Four of the authors of that paper looked more deeply into the issue, exploring why those costs are rising; they identified consolidation in the hospital sector– 90% of hospital markets are now highly concentrated, according to the thresholds set by the FTC and the U.S. Department of Justice– as a key culprit:
The study, conducted in collaboration with researchers at Harvard University, Yale University, and the University of Wisconsin-Madison, found that of 1,164 mergers among the nation’s approximately 5,000 acute-care hospitals that occurred in the United States from 2000 to 2020, the Federal Trade Commission (FTC), which is tasked with preserving competition, challenged only 13 of them — an enforcement rate of about 1%.
Meanwhile, the researchers show that the FTC, using standard screening tools available to the agency during that period, could have flagged 20% of the mergers — 238 transactions — as likely to cause reduced competition and increase prices…
Unchallenged hospital mergers should have had minimal effects on competition and prices if the FTC were optimally targeting enforcement, the researchers noted. However, using data on the prices that hospitals negotiate with private insurers, the researchers found that mergers the FTC could have challenged as predictably anti-competitive between 2010 and 2015 eventually led to price increases of 5% or more.
The researchers estimate that the 53 hospital mergers that occurred on average annually from 2010 to 2015 raised health spending on the privately insured by $204 million in the following year alone. Putting this spending increase in context, the researchers note that the FTC’s average annual budget and antitrust enforcement budget between 2010 and 2015 were $315 and $136 million, respectively…
The study found that mergers in rural regions and areas with lower incomes and higher rates of poverty generated larger average price increases, often in outpatient services. The researchers suggest this occurred because those regions — compared with higher income, urban settings—have fewer free-standing clinics that offer surgical and imaging services that compete against hospitals in the outpatient market…
Consolidation in Hospital Sector Leading to Higher Health Care Costs
As Cory Doctorow succinctly observes…
The health system is a perfect example of how monopolization drives more monopolization, and how that comes to harm the public and workers. Health consolidation began with pharma mergers, that led to pharma companies gouging hospitals. Hospitals, in turn, engaged in a nonstop orgy of mergers, which created regional monopolies that could resist the pricing power of monopoly pharma – and screw insurers. That kicked off consolidation in insurance, which is why most Americans have a “choice” of between one and three private insurers – and why health workers’ monopoly employers have eroded their wages and working conditions.
How consolidation in the hospital sector is increasing healthcare prices and creating even steeper costs more broadly in the economy. @nberpubs @AEAjournals @doctorow
* Mitch Kapor
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As we measure our blood pressure, we might send concerned birthday greetings to Janette Sherman; she was born on this date in 1930. A physician, toxicologist, author, and activist. She researched pesticides, nuclear radiation, birth defects, breast cancer, and illnesses caused by toxins in homes and was a pioneer in the field of occupational and environmental health.
Dr. Sherman served as a medical-legal expert witness in more than 5,000 workers’ compensation claims and served as an expert witness for residents in communities affected by environmental hazards, most famously the Love Canal neighborhood of Niagara Falls, N.Y. Her medical-legal files, among the largest collections of their kind in the United States, are preserved at the National Library of Medicine at the National Institutes of Health in Bethesda, Md.










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