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A unanimous FTC has formally denied a petition filed two years ago for guidelines on the legal use of slotting fees (payments by manufacturers for retail shelf space) in the grocery industry. The Independent Bakers Assoc., the Tortilla Industry Assoc., and the National Assoc. of Chewing Gum Manufacturers requested guidelines in April 2000.
A June 19 FTC letter formally denying the petition repeated the same rationale offered in a February 2001 slotting fee report: (1) the slotting fee issue is not sufficiently mature; (2) developing guidelines is highly resource intensive; and (3) there are other more efficient means to address the issue.
Senate Small Business Ranking Member Christopher "Kit" Bond (R-Mo.) was not happy with either the FTC's tardiness or its apparent indifference to an issue that potentially places small businesses at a competitive disadvantage when trying to get products into main-stream distribution channels.
"The FTC's unqualified and open-ended denial of the petition offers no inducement to discourage big manufacturers and retailers who are effectively gaming the system to limit competition and exclude small manufacturers from grocery store shelves, Bond said."
The petitioners don't appear concerned by this outcome. Their counsel, Robert Skitol of Drinker, Biddle & Reatg, told us that the FTC staff report on "Slotting Allowances and other Business Practices in the Grocery Industry" in February 2001 actually did provide a lot, although not all, of the guidance his clients were seeking on ...