Disclosures of interest
Members’ interests: Peter Freeman
Peter Freeman, Chairman of the CC, who will chair the Group
that is conducting this investigation, acted whilst
a partner
at Simmons & Simmons in connection with a possible
offer to purchase Safeway in early 2003. The offer was
not made
and in July 2003 his contact with the client ceased.
Alan Hamlin
Alan Hamlin, a member of the Group that is conducting this
investigation holds an academic post at the University of
Manchester. Sir Terry Leahy (Chief Executive of Tesco) and
Ms Anna Ford (Director of J Sainsbury plc) are co-Chancellors
of the University. The position of co-Chancellor is largely
honorary and the co-Chancellors have no management role in
relation to Professor Hamlin’s post. Professor Hamlin
has not met or communicated with Sir Terry Leahy or Anna Ford,
and does not expect to have any dealings with them in the
future. Should he meet the co-Chancellors, he would not discuss
his involvement in the groceries investigation.
Bruce Lyons
Bruce Lyons, a member of the Group that is conducting this
investigation is editing a book of case studies on competition
economics which is expected to be published by CUP in 2007,
and associated to which a conference will be held in July
2006. One chapter of the book by Professor Paul Dobson will
cover recent CC inquiries into supermarkets. Professor Lyons
will not edit that chapter, nor will he have any input into
it.
Professor Lyon’s wife, Gwynne Lyons, is a Director
of the CHEM Trust (which involves liaison with grocery retailers),
and is a Member of the Advisory Committee on Hazardous Substances
(DEFRA).
Mr Freeman, Professor Hamlin and Professor Lyons believe that
they can discharge their obligations as members of the Group
(and as Chair of the Group, in the case of Peter Freeman)
investigating the groceries market independently and impartially.
The CC believes that the matters described above will not
compromise the ability of the Group to discharge its functions
in an independent and impartial manner.
Staff interests
The brother-in-law of Martin Stanley, Chief Executive of
the CC, is a manager in a J Sainsbury store in Braintree,
Essex.
John Davies, Chief Economist at the CC, was until September
2003 a shareholder of and manager at Frontier Economics, an
economics consultancy. Frontier Economics has advised clients
in the grocery retail sector on competition matters, including
Tesco, though Mr Davies did not work on any projects for Tesco.
David Roberts, Chief Business Adviser and Director of Remedies
at the CC, worked for J Sainsbury plc until 2002 in various
roles including Group Treasurer and Director of Corporate
finance. Mr Roberts is also a deferred member of the J Sainsbury
plc pension fund. He has no other interests in the sector
and has had no involvement in J Sainsbury plc since 2002.
Mr Roberts heads the team of CC staff business advisers, supervising
their work and maintaining an oversight of inquiries (Peter
Barron and Maria Cianci are the staff business advisers who
will be more closely involved than Mr Roberts in the detail
of the case); he may also provide expert advice to the inquiry
Group.
Clare Potter, Chief Legal Adviser at the CC was a partner
at Simmons & Simmons until September 2004, and in that
capacity, acted in connection with a possible offer to purchase
Safeway in early 2003. The offer was not made and her contact
with the client ceased in 2003. Ms Potter has a management
and oversight role in respect of the staff team of CC legal
advisers; the detail of the case will be handled by Tim Miller
(see disclosure below) and Carole Begent.
Tim Miller, a legal adviser to the Group, was an associate
at Coudert Brothers law firm between September 2001 until
April 2005 and on occasions advised a manufacturer and supplier
of household products, on competition and regulatory matters.
Nicola Mazzarotto, an economist adviser to the Group, has
written the following articles in relation to the supermarket
sector, as part of his doctorate at the University of East
Anglia:
1. “Retail mergers and buyer power”. Discussion
paper of the Centre for Competition Policy (CCP), University
of East Anglia. CCR wp 04-03, 2004. Being prepared for submission
to the International Journal of Industrial Organization.
2. “Retailer-Supplier Relations in European Competition
Policy: A case study”. European Retail Digest, nr 39,
Autumn, 2003.
3. “Competition policy towards retailers: size, seller
market power and buyer power”. CCR wp 01-4. 2001.
Nicola Mazzarotto has also co-written, with Prof. Roman
Inderst, a chapter for the ABA Antitrust Section Handbook,
Issues in Competition Law and Policy (W.D. Collins, ed.,
in preparation).
Kate Collyer, staff economist at the CC, until July 2004
was employed by the economics consultancy Lexecon (now CRA).
During the time she worked there, Lexecon advised clients
in the grocery sector, though she was not directly involved.
Kirsten Edwards, a staff economist at the CC, until November
2004 was employed by Deloitte (formerly Andersen). Some of
her colleagues at Deloitte advised clients in relation to
the 2003 Safeway inquiry, though she was not directly involved.
Kirsten Edwards is no longer employed at the CC.
The CC is satisfied that the impartiality of the inquiry
will not be affected by any of the above interests.
Loyalty cards etc
Staff and members working on this inquiry, and their close
relatives, also hold various store loyalty cards, and affiliated
credit cards/ financial products, including Tesco Clubcard,
Nectar Card (Sainsbury’s), Sainsbury’s Bank Visa
Credit Card, Tesco Visa Card, M&S & More Card, Boots
Loyalty Card, Littlewoods Card, Harrods Card, Waitrose Credit
Card and a member of staff has a Sainsbury’s Bank personal
loan.
The CC is satisfied that the impartiality of the inquiry
will not be affected by any of the above.
03 May 2007
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