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nternational Policy Analysis Network (IPAN) is Asia's First Youth-Led Public Policy Think Tank, Idevoted to independent research and innovative policy solutions. IPAN was founded by Kshitij Bansal in the year 2011 under the mentorship of Dr. S R S Bedi. The mission of IPAN is to involve youth in core policy analysis and make an impact upon national and global decision making. IPAN comes out with opinions, research briefs, working papers and books. IPAN will soon publish the first edition of its flagship yearly journal 'The Policy Analyst'. It also purports to start university level outreach activities for reaching out to youth and creating an informed opinion. “I take pride in the fact that our student Kshitij Bansal with his team has started this unique initiative IPAN which has already created its niche amongst young policy enthusiasts. RGNUL will be enriched with this annual working paper series. This report is a very informative, comprehensive and genuine analysis of FDI in Retail policy. The Editorial Team led by Ms. Brindpreet Kaur has done a commendable work to present a neutral and broad perspective of the policy by placing long term developmental goals at the centre stage…” Prof. (Dr.) P S Jaswal Vice Chancellor Rajiv Gandhi National University of Law, Punjab International Policy Analysis Network www.ipanglobal.org www.facebook.com/IPANglobal An IPAN Working Paper Report Brindpreet Kaur Editor Kshitij Bansal Asst. Editor RGNUL-IPAN Working Paper Series 2012 99

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Page 1: FDI in Multibrand Retail in India - An IPAN Report --An Ebook by IPAN

nternational Policy Analysis Network (IPAN) is Asia's First Youth-Led Public Policy Think Tank, Idevoted to independent research and innovative

policy solutions. IPAN was founded by Kshitij Bansal in the year 2011 under the mentorship of Dr. S R S Bedi. The mission of IPAN is to involve youth in core policy analysis and make an impact upon national and global decision making. IPAN comes out with opinions,

research briefs, working papers and books. IPAN will soon publish the first edition of its flagship yearly journal 'The Policy Analyst'. It also purports to start university level outreach activities for reaching out to youth and creating an informed opinion.

“I take pride in the fact that our student Kshitij Bansal with his team has started this unique initiative IPAN which has already created its niche amongst young policy enthusiasts. RGNUL will be enriched with this annual working paper series. This report is a very informative, comprehensive and genuine analysis of FDI in Retail

policy. The Editorial Team led by Ms. Brindpreet Kaur has done a commendable work to present a neutral and broad perspective of the policy by placing long term

developmental goals at the centre stage…”

Prof. (Dr.) P S JaswalVice Chancellor

Rajiv Gandhi National University of Law, Punjab

International Policy Analysis Networkwww.ipanglobal.org

www.facebook.com/IPANglobal

An IPAN Working Paper Report

Brindpreet KaurEditor

Kshitij BansalAsst. Editor

RGNUL-IPAN Working Paper Series

2012

99

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Brindpreet Kaur is an Assistant Professor of Economics and the

Deputy Coordinator of School of Agricultural Law and Economics

(SALE) at Rajiv Gandhi National University of Law, Punjab, India. She

is a very renowned and passionate academician in the field of

economics who has authored numerous text books for university

level students. She is a widely published researcher with numerous

paper presentations. She heads the university cultural committee

and has been holding various positions of responsibility at academic

and administrative levels. She is also the member of reputed

research institutions in the field of Economics.

Kshitij Bansal is a graduate from Rajiv Gandhi National University

of Law, Punjab, India specialised in International Laws and Global

Governance. He is the Founder President of International Policy

Analysis Network (IPAN), Asia's first youth-led public policy think

tank. A widely published author and a columnist, his

opinions/articles have been published in leading journals,

magazines, newspapers presented at reputed national/international

conferences. A university distinction holder, he was the Robert

Bosch Stiftung Scholar for the year 2012. Bansal represented India

as the Head of State at G20 Youth Summit 2012, Washington D.C.

and was also the UNESCO Youth Peace Ambassador 2012.

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RGNUL-IPAN Working Paper Series 2012

FDI IN MULTI-BRAND RETAIL IN INDIA

An IPAN Working Paper Report

Series Editor: Brindpreet Kaur Deputy Coordinator, School of Agriculture Law and Economics (SALE) Rajiv Gandhi National University of Law, Punjab, India Series Assistant Editor: Kshitij Bansal President, International Policy Analysis Network (IPAN) Project Coordinator from IPAN: Sonali Dhanker MA (Economics) (Dept. of Economics, Panjab University, Chandigarh) Project Coordinator from RGNUL: Angshuman Hazarika Student of Law, RGNUL

Research Assistants: Aparajita Paul Student of Law, RGNUL

Nikhil Suresh Pareek Student of Law, RGNUL

Ankush Thakur Student of Law, RGNUL

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INTERNATIONAL POLICY ANALYSIS NETWORK

www.ipanglobal.org; www.facebook.com/IPANglobal

Email: [email protected], [email protected]

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB

www.rgnul.ac.in

Email: [email protected]

© International Policy Analysis Network 2013

All rights reserved. No part of this publication may be reproduced or transmitted in any form or

by any means, electronically or otherwise without prior permission in writing from International

Policy Analysis Network.

Enquiries concerning reproduction outside the scope of above should be sent to the President’s

Office, International Policy Analysis Network, at the address above.

Published in India in the year 2013 by The President, International Policy Analysis Network

(IPAN) on behalf of Rajiv Gandhi National University of Law, Punjab and International Policy

Analysis Network (IPAN). Cover page design by Goutam Jayasurya.

ISBN: 978-81-920809-4-9

Maximum Retail Price: 99

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RESEARCH TEAM

This Working Paper Report 2012 on FDI in Multi-Brand Retail in India was prepared by a

team led by Kshitij Bansal under the guidance of Brindpreet Kaur. Sonali Dhanker and

Angshuman Hazarika were the Project Coordinators representing International Policy

Analysis Network and Rajiv Gandhi National University of Law respectively. The team

comprised of Aparajita Paul, Nikhil Suresh Pareek and Ankush Thakur as Research

Assistants. The Concept Note was primarily prepared by Research Assistants led by Project

Coordinators after a comprehensive research spread over a period of two months.

Contributions which have been published were peer reviewed and selected after they were

received in response to a competitive call for papers. The series was initiated by Kshitij

Bansal as the President of IPAN and carried out under the general supervision of Brindpreet

Kaur.

The editorial-production team was led by Gautam Jayasurya which provided graphical and

publishing assistance. RGNUL university staff and Vice Chancellor’s office staff provided

additional support. The cover page was designed by Gautam Jayasurya.

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4

ACKNOWLEDGEMENTS

Preparation of this report drew from various other related research projects. Introductory

studies of the FDI in Retail Policy by Indian Government were done by Ankush Thakur.

Nikhil Suresh Pareek led the comparative studies of various other economies and analysed it

under the direction of Kshitij Bansal. Angshuman Hazarika, apart from coordinating the

research team, researched upon the human rights related aspects of this FDI policy. Aparajita

Paul comprehensively studied the complete analysis and finalised the positive and negative

implications of this policy under the direction of Sonali Dhanker. Sonali Dhanker coordinated

the project on economic theory perspectives and their long term policy implications.

Many individuals inside and outside Rajiv Gandhi National University of Law and

International Policy Analysis Network provided valuable contributions and comments

(Specific acknowledgements have been made in the bibliography mentioned at the end of this

report). Particular thanks are due to the following individuals who lent their continuous

support: Paramjit S Jaswal, G I S Sandhu, Brindpreet Kaur, Gautam Jayasurya, Hansraj,

Inderpreet Singh, Sukhwinder Virk, M L Bansal and Shashi Bansal.

The financial assistance of Rajiv Gandhi National University of Law at the initiative of

Paramjit S Jaswal, Vice Chancellor is gratefully acknowledged.

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PREFACE

This report concludes the first edition of RGNUL – IPAN Working Paper Series which is

now an annual flagship policy research project. International Policy Analysis Network, Asia’s

first youth-led public policy think tank initiated this Annual Working Paper Series in

association with School of Agriculture Law and Economics (SALE), Rajiv Gandhi National

University of Law, India from the year 2012. The Research Theme for 2012 edition of this

series was “FDI in Multi-Brand Retail in India” for which students, academicians and Ph.D

scholars were invited to submit papers addressing some specific social, political, economic or

cultural aspect of this policy.

In this report, we have attempted to put together varied perspectives associated with this

policy. While the concept note introduces the whole policy to its readers; following papers

address specific issues in order to help the reader form an informed opinion about this

policy’s positive or negative implications.

The call for papers issued for this project received a huge response and some quality

submissions which were reviewed by the peer review committee. Papers were shortlisted

from the perspective of having diversity of opinion, innovation in recommendations and

practical applicability of research.

We sincerely believe that this report will contribute immensely to the ongoing policy

discussions in India and abroad. This comprehensive compilation of quality papers will assist

students, academicians and policy makers in their policy discourses.

Brindpreet Kaur and Kshitij Bansal

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CONTENTS

1. Concept Note…………………………………….. 7

2. FDI in Multibrand Retail in India:

Issues, Opportunities and Challenges………. 72

Ananda Chakraverty and Sudipto Mitra

3. An Empirical Analysis of FDI in Retail

in India……………………………………………. 82

Dhaval Piyush Sampat, Mudita Manor,

Nitish Mathran, Dibyendu Sen (Project Guide)

4. FDI Policy from the Perspectives of

Portor’s Five Force Model and Social

Implications……………………………………… 95

Preet Singh Oberoi and Anuj Sabharwal

5. Arguments Against FDI in Retail in India…... 105

Soumya Singh Baghel and Manish Navlani

6. FDI in Multibrand Retail will hamper

Domestic Indian Market………………………... 114

Vimal Asthana and Saloni Arora

7. Bibliographic Note………………………………. 123

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CONCEPT NOTE

PART 1: INTRODUCTION

Foreign Direct Investment in retail has a major significance in the present economic setup of Indian

economy. A major shift in the policy of Foreign Direct Investment (hereinafter referred to as FDI)

climate has provided an interesting future option to several international retailers' entry and expansion

plans for India. Foreign Direct Investment in multi-brand retail is an economic reform which would

allow global chains like Wal-Mart, Carrefour and Tesco etc. to own up to 51 percent of joint retail

ventures with Indian companies. The policy would let foreign retailers own up to 51 percent in

multibrand retailing and 100 percent of single brand retailing.1

According to Deardoff’s Glossary of International Economics, FDI is defined as “Acquisition or

construction of physical capital by a firm from one (source) country in another (host) country.”2 FDI is

also stated as “Investment that is made to acquire a lasting interest in an enterprise operating in an

economy other than that of the investor, the investor’s purpose being to have an effective voice in the

management of enterprise”.3

It is the stated intent and objective of the Government of India to attract and promote foreign direct

investment in order to supplement domestic capital, technology and skills, for accelerated economic

growth. “Foreign Direct Investment, as distinguished from portfolio investment, has the connotation of

establishing a lasting interest in an enterprise that is resident in an economy other than that of the

investor.”4

Latest Policy Move:

The policy cleared by Union Cabinet stipulates that FDI in multi brand retail will be allowed up to

51% foreign equity through the government approval route, subject to adequate safeguards for

1 Agencies, “What’s FDI in retail?” Hindustan Times, Nov. 29, 2012. Available at http://www.hindustantimes.com/India-

news/NewDelhi/What-s-FDI-in-retail/Article1-775543.aspx, Last accessed on 14 October, 2012. 2 Deardoff’s Glossary of International Economics. Available at http://www-

personal.umich.edu/~alandear/glossary/f.html#fdi2, Last accessed on 12 October, 2012. 3 International Monetary Fund, Balance of Payments Manual, Washington, DC, 1977, pp.408 4 Circular 1 of 2012, Chapter 1, P. 6, Intent and Objective, Dept. Of Industrial Policy and Promotion, Ministry Of Commerce

And Industry (Circular On Consolidated FDI Policy), Available At Http://Dipp.Nic.In/English/ Policies/FDI_Circular_01_2012.Pdf, Last accessed on 14October, 2012.

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domestic stakeholders. The policy rollout will cover only cities with a population of more than 1

million5. It also specifies at least 30% of the procurement of manufactured/processed products must be

sourced from Indian “small industries”. 'Small industries' have been defined as industries which have a

total investment in plant & machinery not exceeding US $ 1.00 million.6

Organized retail penetration remains low, at 5 to 6 percent indicating room for growth.7 This provides

ample space for multi brand retailers to setup and explore the retail investment environment in India.

What is Single Brand Retailing and Multibrand Retailing?

Single brand retailing: its meaning says own label brands or they can be described as those which are

created and owned by businesses that operate in the distribution channel. Single brand implies that

foreign companies would be allowed to sell goods sold internationally under a ‘single brand’, viz.,

Reebok, Nokia and Adidas. FDI in ‘Single brand’ retail implies that a retail store with foreign

investment can only sell one brand. For example, if ‘Nike’ were to obtain permission to retail its

flagship brand in India, those retail outlets could only sell products under the ‘Nike’ brand and not the

‘Reebok’ brand, for which separate permission is required.

Foreign direct investment in multi brand retail means that foreign players can sell multiple brands of

his parent company in another country under one roof. Multi Brand Retail allows foreign companies to

sell goods of more than one brand under one roof viz. Wal-Mart, Tesco etc. For example, in India,

Pantaloons is a multibrand retail shop where if talked about garments, one can sell Reebok, Nike and

Adidas under one roof only.

It is only after Press release of Ministry of Commerce and Industry, that Foreign Direct Investment in

multi brand retail is allowed8. Opening up FDI in multi-brand retail will mean that global retailers will

5 Press Release Id 77725, Press Information Bureau, Government of India, Available at

http://pib.nic.in/newsite/erelease.aspx?relid=77725, Last accessed on 9 October, 2012. 6 Press Note No.4 (2012 Series), Ministry Of Commerce and Industry, Government of India. Available at

http://dipp.nic.in/English/acts_rules/ Press_Notes/pn4_2012.pdf, Last accessed on 08October, 2012. 7 News release, 2012 Global Retail Development Index, June 11, 2012, AT Kearney, Global management consultancy firm.

Available at http://www.atkearney.com/consumer-products-retail/global-retail-development-index/news-release/-/asset_publisher/56Fncka0K9JJ/content/brazil-tops-a-t-%C2%A0kearney-global-retail-development-index-for-the-second-year/10192., Last accessed on 14October, 2012.

8 Press Note No. 5 (2012 Series), Dept. Of Industrial Policy and Promotion, Ministry Of Commerce And Industry 14-09-2012. Available At http://Dipp.Nic.In/ English/Acts_Rules/Press_Notes/Pn4_2012.Pdf, Last accessed on 07 October, 2012.

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offer a range of daily use items which are directly related to consumers in same way as other local ‘kirana’

shops sell.

History of FDI in Retail in India:

The advent of FDI in general in India was witnessed during the end of 1990’s when government announced

number of reforms which helped in the process of liberalisation and deregulation of the economy. Since its

inception there has been significant upsurge in the FDI flows in the country. But when we talk about FDI in

retail, it came quite late in 2006.

Prior to 2006, India prohibited FDI in both single brand and multi brand retail. In the second month of 2006,

government decided to open retail sector for FDI which was subject to certain conditions. At that time

government provided 51 percent FDI in single brand retail.9 There have been recommendations to further

liberalize the Indian government’s policy regarding FDI in retail trading, including to increase the permissible

level of FDI in single-brand retail operations and to open up the multi-brand retail sector to FDI.

In November 2011, the Union Cabinet of Ministers, decided to permit up to 100 percent FDI in single-brand

retail trading and up to 51 percent FDI in multi-brand retail trading. Unfortunately for foreign retailers, the

Cabinet’s November 2011 decision produced a considerable political backlash in India. The political backlash

was mainly focused on multi brand aspect of the FDI. Consequently, the Indian government reversed course

and indefinitely suspended plans to reform the retail sector. But later government of India on January 12, 2012

allowed 100 percent FDI in single brand retail10 and still there was no FDI in multi brand retail in the country.

Later amidst rising inflation, policy paralysis, risk of low grading by credit rating agencies and surging deficits,

Government of India decided to allow 51 percent FDI in multi brand retail.11

General Nature of Indian Retail Sector:

India is one of the most desirable retail destinations in the world due to a large middle class which has

a dispensable income. India’s economic growth and demographic profile set it apart from others

Developing Nations and set up a case for global retailers to enter the market. Retailing is a significant

9 Press Note 3 (2006 Series), Issued On February 10, 2006, Issued By Dipp. Ministry Of Commerce And Industry. Available

At http://Www.Ksidc.Org/FDI_Policy_2006.Pdf, Last accessed on 06 October, 2012. 10 Press Note 1 (2012 Series), Issued On January 10, 2012, Issued By Ministry Of Commerce and Industry. Available At

http://Dipp.Nic.In/English/ Acts_Rules/Press_Notes/Pn1_2012.Pdf, Last accessed on 07October, 2012. 11 Press Note 5 (2012 Series), Issued On January 10, 2012, Issued By Ministry Of Commerce And Industry. Available At

http://Rbidocs.Rbi.Org.In/ Rdocs/Content/Pdfs/PRES210912_5.Pdf, Last accessed on 07October, 2012.

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sector of the economy, both in terms of GDP contribution and share in public employment. Although

there is no set definition for retail but to opt for a reliable authority, the definition of retail was given

by the Delhi High Court in the case of Association of Traders of Maharashtra V. Union of

India12 defined “retail as sale of final consumption or sale to ultimate consumer”. A manufacturer

selling his own brand is not retailing. Retailing is the bridge between the manufacturer and the final

consumer and falls last in the distribution chain having interface with the end customer.

There is no definition of retail trade under the FDI policy. In layman’s term it means selling of goods

to the consumer. So from local Kirana shops and mall based shopping formats, both form part of retail

sector. From street/cart retailers working on pavements/roadsides and small family run businesses to

international brands such as Rolex and Nike, the retail market in India is vibrant, colourful and highly

fragmented. In India, the retail industry is divided into organised and unorganized sectors. Organised

retailing refers to trading activities undertaken by licensed retailers, that is, those who are registered for

sales tax, income tax, etc. These include the corporate-backed hypermarkets and retail chains, and also

the privately owned large retail businesses.13 Unorganised retailing, on the other hand, is dominated by

large number of small retailers consisting of local kirana shops, owner manned general stores,

chemists, footwear shops, paan or beedi shops, pavement vendors etc. which together make up the so

called “unorganised retail” or traditional retail14.

At Kearney, a global management consulting firm, rates India as the most attractive nation for retail

investment. The study, presented in the Global Retail Development Index of 2012, is carried out

annually for 30 emerging markets, and has rated India fifth in all emerging markets. This report

expresses even more optimism, and estimates that suggests that India's retail market is expected to be

about US$535 billion by 2013, with around 10 per cent coming from organized retail.15.

Indian retail is mainly dominant with small and medium enterprises in contradiction to the presence of

few giant corporate retailing outlets. Coming up of FDI in retail may see a significant shift in Indian

retail industry.

12 Federation Of Association Of Traders v. Union Of India, 2005 (79) DRJ 426. 13 “Retailing, India In Business, Investment Technology Promotion Division, Ministry Of External Affairs, Govt. Of India”,

Available at http://www.indiainbusiness.nic.in/industry-infrastructure/service-sectors/retailing.htm, Last accessed on 09 October, 2012.

14 Ibid 15 “Global Retail Expansion: Keeps On Moving 2012’, Atkearny, Available at

http://www.atkearney.com/documents/10192/4799f4e6-b20b-4605-9aa8-3ef451098f8a, Last accessed on 14 October, 2012.

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Key Features of this Policy:

Following are certain conditions which have been specified under the Press Note no. 5 of 201216 and

the foreign players have to comply with the same.

As per paragraph 6.1 of the press note FDI is prohibited in

(a) Lottery Business, including Government /private lottery, online lotteries, etc.

(b) Gambling and Betting, including casinos etc.

(c) Chit funds

(d) Nidhi company

(e) Trading in Transferable Development Rights (TDRs)

(f) Real Estate Business or Construction of Farm Houses

(g) Manufacturing of Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco

Substitutes.

(h) Activities / sectors not open to private sector investment e.g. Atomic Energy and Railway

Transport (other than Mass Rapid Transport Systems).

Foreign Technology Collaboration in any form, including licensing for franchise, trade

mark, brand name, management contract, is also prohibited for lottery business and Gambling

and Betting activities.

The above policy is an enabling policy only and the State Governments and Union

Territories would be free to take their own decisions in regard to implementation of the

policy. Therefore, retail sales outlets may be set up in those States & union Territories which

have agreed, or agree in future, to allow FDI in MBRT under this policy. The list of States

&Union Territories which have conveyed their agreement is annexed. Such agreement, in

future, to permit establishment of retail outlets under this policy, would be conveyed to the

Government of India through the Department of Industrial Policy & Promotion and additions

would be made to the annexed list accordingly. The establishment of the retail sales outlets

will be in compliance of applicable State &Union Territory laws/ regulations, such as the

Shops and Establishments Act etc.

16 Press Note No. 5 of 2012, Govt. Of India, Available at http://Rbidocs.Rbi.Org.In/Rdocs/Content/Pdfs/PRES210912_5.Pdf,

Last accessed on 08October, 2012.

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FDI in retail is left to the discretion of state governments which will decide whether to allow

foreign supermarket chains like Wal-Mart, Carrefour etc.to enter their territory or not.

Minimum amount to be brought in, as FDI, by foreigner investor, would be US $ 100

million. Minimum investment to be made by foreign investor through any multinational is at

least of $1 million. At least half of the total FDI shall consist of ‘back-end infrastructure’ such

as warehousing and cold storage facilities. This requirement has to be met within three years

of a retailer setting up shop.

At least 30% of the value of procurement of manufactured/ processed products

purchased shall be sourced from Indian 'small industries' which have a total investment in

plant & machinery not exceeding US $ 1.00 million. This valuation refers to the value at the

time of installation, without providing for depreciation. Further, if at any point in time, this

valuation is exceeded, the industry shall not qualify as a 'small industry' for this purpose. This

procurement requirement would have to be met, in the first instance, as an average of five

years' total value of the manufactured! Processed products purchased, beginning 1st April of

the year during which the first tranche of FDI is received. Thereafter, it would have to be met

on an annual basis. The multinational investing in the country will have to source almost one

third i.e. 30% of their manufactured and processed goods from industries with a total plant

and machinery investment of less than $1 million.

Retail sales outlets may be set up only in cities with a population of more than 10 lakh (1

million) as per 2011 Census and may also cover an area of 10 kms around the

municipal/urban agglomeration limits of such cities; retail locations will be restricted to

conforming areas as per the Master/Zonal Plans of the concerned cities and provision will be

made for requisite facilities such as transport connectivity and parking; In States/ Union

Territories not having cities with population of more than 10 lakh as per 2011 Census, retail

sales outlets may be set up in the cities of their choice, preferably the largest city and may also

cover an area of 10 kms around the municipal/urban agglomeration limits of such cities. The

locations of such outlets will be restricted to conforming areas, as per the Master/Zonal Plans

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of the concerned cities and provision will be made for requisite facilities such as transport

connectivity and parking..

Retail trading, in any form, by means of e-commerce, would not be permissible, for

companies with FDI, engaged in the activity of multibrand retail trading. The Press Note

5 provides that retail trading, in any form, by means of e-commerce, would not be

permissible, for companies with FDI, engaged in the activity of multi-brand retail trading.

This would mean the web platforms carrying out enabling function shall not be impacted but

foreign firms that buy or sell any goods or services on online portals are prohibited under the

FDI policy17.

Fresh agricultural produce, including fruits, vegetables, flowers, grains, pulses, fresh poultry,

fishery and meat products, may be unbranded.

Government will have the first right to procurement of agricultural products.

At least 50% of total FDI brought in shall be invested in 'backend infrastructure' within

three years of the first tranche of FDI, where 'back-end infrastructure' will include capital

expenditure on all activities, excluding that on front-end units; for instance, back-end

infrastructure will include investment made towards processing, manufacturing, distribution,

design improvement, quality control, packaging, logistics, storage, ware-house, agriculture

market produce infrastructure etc. Expenditure on land cost and rentals, if any, will not be

counted for purposes of back end infrastructure. At least half of the total FDI shall consist of

‘back-end infrastructure’ such as warehousing and cold storage facilities. This requirement

has to be met within three years of a retailer setting up shop.

Applications would be processed in the Department of Industrial Policy & Promotion, to

determine whether the proposed investment satisfies the notified guidelines, before being

considered by the FIPB for Government approval.

17 Nidhi Bothra, “FDI in Retail Business: The Key Issues of New Policy”, Moneylife, Sep. 26, 2012. Available at

http://www.moneylife.in/article/FDI-in-retail-business-the-key-issues-of-the-new-policy/28689.html, Last accessed on 07October, 2012.

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There are few states and union territories which have agreed to allow FDI in multibrand retail.

States: Andhra Pradesh, Assam, Delhi, Haryana, Jammu & Kashmir, Maharashtra, Manipur,

Rajasthan, Uttarakhand; Union territories: Daman & Diu and Dadra and Nagar Haveli.

There has been a sort of mixed response by policy analysts and corporate masters. Corporate

professionals like Akash Gupta (retail expert at consultancy firm PricewaterhouseCoopers India

Ltd.), estimates that opening up the retail sector will lead to significant improvement of supply-chain

infrastructure, which will help reduce food waste by 30% to 40%. Adi Godrej, president of

the Confederation of Indian Industry, a leading trade body, said coming up of FDI in retail

announcements have “restarted the reform process”18.

18 WSJ Staff, “FDI in retail: The End of Policy Paralysis”, The Wall Street Journal. Available at

http://blogs.wsj.com/indiarealtime/2012/09/14/india-reacts-the-end-of-policy-paralysis/, Last accessed on 06October, 2012.

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PART 2: INDIAN RETAIL: WHAT MAKES IT UNIQUE?

It is considered that unorganized Retail is the second step after agriculture for those seeking to

climb the ladder of affluence and in search of higher income.19 The traditional Indian retail sector

is highly fragmented,20 mainly consisting of small, independent and family managed stores/ventures.

The domestic organized retail industry is also at a nascent stage. The factors which affect the sector at

the macro level are the growth of nuclear family structure and the rise of consumerism among the

youth.21 Over the last few years a number of business houses in India22 have started invested in the

field of retail either through the acquisition of existing businesses or through fresh investment. These

business houses include The Aditya Birla Group, Reliance and the Bharti Group.23

Organised Retail in India by Domestic Players:

The advent of the domestic business houses in the retail scenario has led to a huge change in the

domestic retail business scenario due to their deep pockets.24 The focus of the new entrants to the field

of retailing is to capture the eyeball of the customer by providing maximum value coupled with

modern business principles. The new retailers aim to bring in maximum number of repeat customers

and build a stable base.

Although the primary differentiator between the different businesses is price of the products,

however the retailers aim to build their own identity through the following main ways 25:

(i) By improving sourcing and distribution efficiencies;

(ii) By expanding the product portfolio;

(iii) Providing personalised customer services

(iv) Creating a unique store ambience.

19 Kamaladevi Baskaran, “The FDI Permit for Multi Brand Retail Trading in India - Green Signal Or Red Signal”, Business

Intelligence Journal - January, 2012 Vol.5 No.1, p. 176-186. 20 Natika Jain, “Consumer Behaviour at Retail Outlet/ Shopping Mall”, Tirpude’s National Journal of Business Research,

Vol. 2 Issue 1, p. 1 21 Mathew Joseph, Nirupama Soundararajan, Manisha Gupta, Sanghamitra Sahu, “Working Paper No. 222 Impact of

organized Retailing on the Unorganized Sector”, Indian Council For Research on International Economic Relations, 2008 22 Manju Smita Dash, “Next-Generation Retailing In India: An Empirical Study Using Factor Analysis”, International

Review of Management and Marketing ,Vol. 1, No. 2, 2011, p. 29 23 Retail Insights, Available at http://www.dnb.co.in/IndianRetailIndustry/ insight.asp , Last accessed on 12October, 2012. 24 R.Y Naryanan, Temper Expectations from Retail Story, Available at http://www.thehindubusinessline.com/markets

/article3910762.ece , Last accessed on 11October, 2012. 25 Retail Advantage India, IBEF, November, 2010.

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The Indian Retailers who have established stores till date have tried to build a strong sourcing and

distribution network across the country to ensure that they can ensure consistent and stable supplies of

their products. The retailers however had a few teething problems which also resulted in a few players

falling out of the market. However, a few players have emerged strong and look to take homegrown

organised retailing into the coming years.

The Indian home grown organised retailers have also tried to consistently tried to widen their product

portfolio to bring in more variety for the customers. A few players such as Big Bazaar have

consistently ventured into new areas such as electronics and furniture to provide greater variety to the

customers across different product segments.

The growth of organised retail in India has also prompted the players to bring about changes to ensure

customer retention and loyalty. To ensure a steady footfall the businesses have started loyalty

programs and also promotion schemes including branded credit cards and point redemption schemes.

The organised retail sector has also seen constant modifications in the store designing and maintenance

strategies to keep up with the changing consumer preferences. The stores have consistently tried to

innovate with new product presentation and display strategies with an eye to attract customers across

age groups and spending capacities.

Growth in the Domestic Indian Retail Sector

The last decade has seen a sea change in the field of Indian retail. India's retail sector is estimated to

touch US$ 833 billion by 2013 and US$ 1.3 trillion by 2018.26 At present the retail sector contributes

10% to our GDP and is the largest provider of employment after agriculture. The dynamics of

the Indian retail sector relating to political, social or economic environment has seen stark changes

over time which has been primarily led by the change in consumption patterns. The new millennium

has seen a clear bifurcation of the sector into organise and unorganised retail sectors.27 The fastest

growing segments have been the wholesale cash and carry stores (150 per cent) followed by

supermarkets (100 per cent) and hypermarkets (75-80 per cent). 28

26 Tazyn Rahman, “Organized Retail Industry In India – Opportunities And Challenges”, International Journal of Research

in Finance & Marketing, Volume 2, Issue 2 (February 2012) , p. 83 27 Sanjay Manocha and Anoop Pandey, “Organized Retailing in India : Challenges and Opportunities”, VSRD-IJBMR, Vol. 2

(3), 2012, 79 28 Ali Asgar Motiwala, Growth of Malls in India, US Commercial Service.

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Pattern of Retail Growth In India

The growth of the retail sector in India has been highly skewed to the urban sector and primarily

metropolitan cities due to the high population density and large populations. On comparison between

the different states across the country, it is found that the south Indian states of Tamil Nadu, Kerala,

Karnataka, Andhra Pradesh, lead the way followed by the prosperous West Indian states of

Maharashtra and Gujarat. The new wave of retail in India has now spread it to the peripheries of the

National Capital region and the prosperous states of Punjab and Haryana. The trend of modern retail in

the late 1990s29 started in the southern region as South India has clusters of metro cities and tier-

1 towns. Further, the licensing process in states such as Andhra Pradesh, where the licensing process

is now online, has greatly reduced the time lag.30

Mode Of Entry Into Retail Route

In India, the main players of organised retail have entered into the market through the following

modes:

(a) the acquisition route which gives a jump-start to take advantage of the already

experienced manpower, infrastructure, front-end property of the acquired firm;

Ex: Spencers acquired by RPG.31

(b) the JV partnerships, a preferred route for firms seeking foreign collaboration for

technical know-how and assistance in the back-end operations as well as future export

opportunities. Ex: Bharti Wal-mart India32

(c) New venture route for market entry. Ex: More Stores33

(d) Mixture of Acquisition and JV routes for quick market access.

To take advantage of the second wave of business now, the firms have moved into the formation of

subsidiaries or specialised stores targeting a particular population group. The firms are normally

present in one or both of the segments: lifestyle and value retailing under multiple retail formats

except for a few exceptions which target only one of the sectors. The leaders in the Indian Retail

29 Rohit Bhasin and Bharti Ramola, Winning in India’s Retails Sector, PwC, Mumbai, Unknown. 30 Available at http://www.indianexpress.com/news/retailers-want-single-window-clearance-for-setting-up-outlets/205068/,

Last accessed on 11October, 2012. 31 Available at http://www.spencersretail.com/cms.php?page =milestones , Last accessed on 10 October, 2012. 32 Available at http://ibnlive.in.com/news/bhartiwalmart-will-be-a-5050-pc-partnership-rajan-mittal/296496-7.html , Last

accessed on 11October, 2012. 33 Available at http://www.morestore.com/abt_retail.html , Last accessed on 12 October, 2012.

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sector are adopting a combination of formats including, mega (hyper and/or super), medium

(department and/or speciality), and small size (convenience and/or discount) for expansion. Rapid

expansion by the firms helps them to:

(i) Attain a large size increasing the bargaining power;

(ii) Economies of scope in sourcing by accruing costs across stores; and

(iii) Reach out to consumers at their doorsteps.

Understanding the way Indian Mega Retailers Run

Through this section we look into the important players of the organised retail market in India which

are run by the Indian business houses. The mega retailers follow an overall common strategy

irrespective of the type of product segment or market and a representative of each of the prevalent

models is taken for a case study. The main objective of these case studies is to understand how these

firms are planning to34:

(i) Penetrate markets and build market share;

(ii) Introduce multiple product and format categories;

(iii) Operate the chain from sourcing to marketing;

(iv) Create product identities through prices

(v) Capture customer footfalls.

In India, the main formats prevalent among the retail stores are studied below in relation to store sizes

and their business identities.

The formats prevalent in retail sector are35:-

34 Ibid 35 The IPAN SALE working group has taken these figures from (a) Working Paper No 222, Impact of Organized Retailing on

the Unorganised Sector, ICRIER, Indian Brand Equity Foundation, Retail, 2010. p. 8, (b) Rohit Bhasin and Bharti Ramola, Winning in India’s Retails Sector, PwC, Mumbai , (c) Ms. Vidushi Handa And Mr. Navneet Grover, “Retail Sector In India: Issues & Challenges”, Zenith International Journal of Multidisciplinary Research, Vol. 2, Issue 5, May 2012, p. 256, (d) Aditya P. Tripathi, “Emerging Trends in Modern Retail Formats & Customer Shopping Behavior in Indian Scenario: A Meta Analysis & Review”, Unknown, p. 10 (e) Tazyn Rahman, “Organized Retail Industry In India – Opportunities And Challenges”, International Journal of Research in Finance & Marketing, Volume 2, Issue 2 (February 2012) , p. 85 and (f) Sanjay Manocha and Anoop Pandey, “Organized Retailing in India : Challenges and Opportunities”, VSRD-IJBMR, Vol. 2 (3), 2012, p. 75 to design this table providing the division of different types of retail formats. In addition to the existing concepts provided in the mentioned papers, a few formats have been added by the research team itself.

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Sr. No.

Type of Store

Store Size Description Examples

1. Restaurant Chains

As required The restaurant chains cater mainly to a particular cuisine and operate mainly in the high-end segment.

Sagar Ratna, Mainland China, O Calcutta

2. Hypermarket 50000- 100000 sq. Ft.

Offer alarge basket of products, ranging from grocery, fresh and processed food, beauty and household products, clothing and appliances, etc.

Spencer, Big Bazar, Easy Day Market

3. Cash and Carry (B2B format)

More than 75,000 sq. Ft

Focussed on bulk buying and selling of commodities. Have bulk buying requirements.

Metro Cash and Carry, Bharti- Walmart

4. Departmental Stores

10,000- 60,000 sq. Ft

Wide range of merchandise mix, usually in cohesive categories, such as fashion accessories, gifts and home Furnishings, but skewed towards garments. These stores are focused towards a wider Consumer audience catchment, with in-store services as a primary differentiator.

Westside, Reliance Trends.

5. Super Markets

3000-25000 sq. ft36

Offer household as well as food products. Aim to be one stop shop for daily needs.

Nilgiri’s, Food Bazar.

6. Shop-in-shop No fixed size. Normally smaller than supermarkets

Offer specialised products with a shop within a mall.

Spice Mobile Store, The Travel Shop

7. Speciality Stores

2000-5000 sq. ft

Speciality stores are single-category, focusing on individuals and group clusters of the same class, with high product loyalty. Typical

Archies, Ferns n Petals, Mom and Me

36 Available at http://www.igd.com/index.asp?id=1&fid=1&sid=7&tid=26&cid =94, Last accessed on 11October, 2012.

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examples of such retail format are: Footwear stores, music stores, electronic and household stores, gift stores, food and Beverages retailers, and even focused apparel chain or brand stores.

8. Category Killers

Average size 8000 sq. ft

Category killers focus on a particular segment and are able to provide a wide range of choice to the consumer, usually at affordable prices due to the scale they achieve. They that offer less variety but deep assortment of merchandise.

Mochi, Krome- Republic of Fashion

9. Discount Stores

Average Size 1000 sq. Ft

Offers wide range of products, mostly branded at high rates of discount. Primarily provide discounts by selling in bulk.

The Loot, Koutons, Liverpool

10. Convenience Stores37

400-2000 sq.ft

Located near Residential areas in thickly populated areas. For easy access and daily purchase.

Safal, 6ten, Subhiksha, Mother Diary stores

11. Round the clock stores

No fixed Floor area

Focussed on providing necessities with availability throughout the day.

24 x 7, In and Out

We have taken a representative brand from the segments mentioned above and have tried to evaluate

the brand from the parameters we have stated before.

The flowing chart evaluates nahinclosely the strategies taken by the market leaders from all the above

mentioned segments for maintaining their growth and market share in India.

Brand Category

Brand Name Brand Information Market Strategies

Growth and Size in India

Restaurant Dominos Owner: Jubilant Foodworks Limited Focuses on a More

37 Ms. Vidushi Handa And Mr. Navneet Grover, “Retail Sector In India: Issues & Challenges”, Zenith International Journal

of Multidisciplinary Research, Vol. 2, Issue 5, May 2012, p. 256

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Chains Business Model: Franchisee of Dominos Pizza International based in USA

product line covering all segments of the market from value for money to premium. Captured the delivery market with timely delivery guarantee.38 Have constantly focused on consumer-centric areas such as product innovation, taste, pricing and customer service.39 To increase share in dine in market Domino's is upgrading its dine-in stores, allocating larger spaces for them and foraying into new cities. 40

than 500 stores across more than 110 cities in India. Market leader in both organised Pizza market and Home Delivery Markets with 55% and 70 % share respectively.41 Income of Rs. 3145 million in 1st Quarter of FY 2013.42

Hyper Market Big Bazaar Owner: Pantaloon Retail India Limited Business Model: Wholly Owned Subsidiary

Coined the 3 C strategy: Confidence, Change and Consumption.43 Has succeeded largely due to its emphasis on consumer behaviour and understanding the

More than 164 stores in India in Big Bazaar Format.45 Total income of Rs. 7317 crores in

38 Ratna Bhushan, Domino's, Pizza Hut use delivery and dine-ins to whet the taste buds of demanding Indians, Available at

http://articles.economictimes. indiatimes.com/2012October, 10/news/34363627_1_dine-in-stores-yum-restaurants-pizza-hut, Last Accessed on 12October, 2012 at .

39 Drypen, Domino's Marketing Strategies – Says, Affordability is the key to survival in India market, http://drypen.in/branding/dominos-marketing-strategies-says-affordability-is-the-key-to-survival-in-india-market.html, Last accessed on 09October, 2012

40 Id at 22. 41 Press Release, Jubilant Foodworks Limited, August 30, 2012. 42 Earnings Presentation, Jubilant Foodworks Limited, Q1 FY 13, July 25, 2012 43 Priya Kumar, The Story of Big Bazaar, Available at http://www.chillibreeze. com/articles _various/the-story-of-Big-Bazaar-

611.asp, Last accessed on 11October, 2012. 45 Raghavendra Kamath, Makeover at Big Bazaar, Available at http://www.business-standard.com/india /news/ makeover-at-big-

bazaar/483456/, Last accessed on 14October, 2012.

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diversity of Indian consumers. Further, it is products driven where the focus is on the front end to serve the consumers well. Additionally, the business model is based on low margin and high turnover. The shops offer products from numerous categories spread across multiple floors.44

2011-2012.46

Cash and Carry Best Price Modern Wholesale

Owner: Bharti Wal-Mart India Pvt. Ltd

Focussed on wholesale of more than 5000 products.47 Primary target are the retailers who sell the products to the end consumer.

More than 15 stores in India. Sales of Rs. 1876 crores with 143% increase in sales.48

Departmental Stores

Westside and Trent

Owner: Tata Group Retailing of clothes and lifestyle products under one roof.

More than 106 group stores. Total operating income exceeding Rs. 19000 lakh.49

Super Markets Food Bazar Owner: Sale of Food Sales

44 Ibid. 46 Kala Vijaya Raghavan & Sagar Malviya, Future Value to be merged with Pantaloon Retail to cut operating cost, Available at

http://articles.economictimes .indiatimes.com/2012-09-0/news/33737171_1_big-bazaar-pril-kb-s-fair-price, Last accessed on 14October, 2012.

47 Available at http://www.bharti-walmart.in/Ourstores-Overview.aspx, Last accessed on 12October, 2012. 48 Sagar Malviya, New stores, rising sales fail to boost Bharti Walmart's net worth, Available at

http://articles.economictimes.indiatimes.com/2012-05-22/news/31814426_1_bharti-walmart-multinational-retailers-first-cash-and-carry-store, Last accessed on 12October, 2012.

49 Audited Financial Results, Trent Limited, For the financial year ended 31st March, 2012.

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Pantaloon Retail India Limited

Business Model:

Wholly Owned Subsidiary

Product and Groceries at affordable prices and sale of product through private brands to maximise profits.

revenue not separately available.

Speciality Stores

Archies India Archies India Limited. Sale of greeting cards and gifts through special stores.

Selected as Superbrand in 2009-10.50 Market leader in organised sector with 60% share.51 Sales revenue of Rs. 180 crore in 2010-2011.52

Through a comparison of the different players across the various segments mentioned in the chart

given above, a few common factors can be drawn which are enumerated as follows:

(a) Almost all of the above mentioned retailers have taken an aggressive expansion strategy with

a primary aim to build an economy of scale.

(b) The retailers are moving into smaller towns to capture a wider customer group and the

growing Indian middle class.

(c) Many of the players have a market share exceeding 60% in their sector which might show the

need for greater variety for customers and an opportunity for new players.

In addition to the formats of retail provided above, the Indian market has seen the emergence of a few

new and unique formats such as Quasi Mall by Shoppers Stop and Corner Shop by Globus.53 In

addition to the urban retail stores, the Indian players have also innovated by rural area specific

50 Available at http://www.archiesonline.com/gateway/archies_superbrand_article.php, Last accessed on 10October, 2012. 51 Available at http://www.archiesonline.com/gateway/hallmark/Archies-tie-up-Hallmark.php, Last accessed on 10October, 2012. 52 PTI, Archies eyes Rs 400 cr sales in 4 years, launches UNICEF cards, Available at

http://www.thehindu.com/business/companies/article2435761.ece, Last accessed on 10October, 2012. 53 Poonam Kamboj, "Indian Retail Industry: Its Growth, Opportunities And Challenges", IJRFM, Vol. 2, Issue 2 ,February 2012, p.

297

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hypermarkets such as ITC’s E- Choupal and HLL's project Shakthi and Mahamaza. This shows a

continuous process of innovation and experimentation by the Indian retailers.

Nature of Indian Consumerism

The Indian retail sector is frequently referred to as a gold mine which is ready to be tapped by the most

efficient businesses.54 The primary target of the marketers is an untapped consumer group with

growing spending power and India provides them that opportunity. The commonly attributed reasons

for the growth of the retail market in India have been: Rapidly increasing income level, Change in

lifestyle, Favourable pattern of geography, Retail offering one roof shopping experience, Increase in

the number of nuclear families, Improved purchasing power of Indian middle class, Presence of

domestic and foreign player, Effect of Liberalization, Privatization, and Globalization.55

In one of the few empirical research studies undertaken on the topic, conducted by Swati Kewlani and

Sandeep Singh among a random group of 150 people in Indore, India has revealed that consumers go

to shopping malls for the variety they get there and because “they find shopping entertaining due

to good environment, and variety of products that they get there, reasonable price that are offered

along with the better quality of services rendered.” No doubt the big giants are giving tough

competition to small retail store, but consumers are still in favour of small retailers. 56 The study has

revealed that consumers prefer to buy consumer care and daily use products from shopping malls.

However, it has further revealed that they continue to buy from small retailers, and they spend equally

on buying from kiranas. The study listed a few benefits of local kiranas stated by the surveyed people

which are listed below:

(a) They are going to small retailers due to their long standing relations with them, the home

delivery services that the small retailers offer and because they find shopping less time

consuming while shopping with small retailers as compared to malls.

(b) When the respondents were asked whether they go to small retailers because of the

relationship they have developed over the period of time with them more than half (52%)

54 B.D. Singh & Sita Mishra, “Indian Retail Sector- HR Challenges & Measures for Improvement”, Indian Journal of

Industrial Relations, Volume 44 Issue 1, 2008. 55 Chandu. K. L , “The New FDI policy in Retail in India: Promises, Problems and Perceptions”, Asian Journal Of

Management Research, Volume 3 Issue 1, 2012 , p.100-106 56 Swati Kewlani and Sandeep Singh, “Small Retailers Or Big Shopping Malls: Will Big Fishes Eat The Small?” Journal of

Radix International Educational and Research Consortium, Volume 1, Issue 2, February 2012.

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responded were with affirmation, thus clearly underlining the dictum that relationship

marketing hold the key to the survival of the minnows, which is emerging to be the U.S.P. of

these small retailers.

The authors also listed a few points why the kirana shop will be relevant even in the changed retail

landscape:

Firstly, the location of the shop at the neighbourhood allows for easy purchase of items at short

intervals without the need of detailed travel plans.

Secondly, there is a long friendly relationship with the neighbourhood kiranawalla based on mutual

trust.

Thirdly, the shopkeeper offers free home delivery under most circumstances.

Fourthly the small shopkeepers provide easy credit on the items of daily use and the amount is paid at

a fixed flexible interval by the customer enabling a lasting relationship.

Further, it is a commonly stated fact the Indian customer looks into the value for money aspect of a

product before a purchase decision which would make product differentiation on the basis of price a

key factor for any player coming into the market.

The main challenge before the Indian organised retail sector is to cope with the customer expectations

of the Indian customer who has till date been served at home by the Kirana shop. The kirana shop

provided convenient location, personalised location and easy credit. The Indian organised retailer will

have to come up with new and innovative platforms to tackle the kirana store challenge and some

factors such as instant credit will be a challenge for even the biggest players due to the varied Indian

conditions. Understanding the tastes and preferences to suit the local needs might also need some time

for the Indian organised retailer. A possible way to tackle the challenge might be to include

representatives of the local area in the business structure.

Challenges Faced By the Organised Retail Sector In India

The challenges faced by a new and emerging business sector are many and new hurdles seem to

emerge with the expansion of the business. However, for the purpose of the study we have tried to list

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a few of the major hurdles faced by the organised retail sector till date in its relatively short journey in

India:

Political Opposition

The Indian political scenario is crowded with varying opinions about organised retail and its

possible impact on the Indian customer. A number of views have been put forward regarding

organised retail contributing to unemployment in the country and its possible impact on the

small Kirana shop owner. Different states around the country have varied policies on

organised retail and investment by business houses in certain states have even been met with

violent opposition As such a uniform policy across the country is absent presenting a huge

hurdle to the major players in the country.

Supply Chain

India is the seventh largest country in the world with varying climatic conditions and

consumer preferences across the country. The basic infrastructure of roads and availability of

storage facilities is not standard across the country which presents a huge challenge to the

investors. Infrastructure has been developed at priority in the last decade and it is hoped that a

planned expenditure of US$ 1 trillion in the 12th five year plan will help bridge the

infrastructure gap in the country. A strong supply chain is the immediate need of the hour and

any new player will have to build the supply chain to a large extent from the scratch.

Channel Conflicts

One of the primary modes by which the organised retails sector reduces costs worldwide is by

agreements with the producers and distributors of products. In India, however, the existing

supply model has been built with the small retailer in mind and a huge hurdle exists before the

organised retail sector to tackle the varied distribution system across the country.57 Further.

India also has varied taxation laws across the country with different rates of local taxes which

needs to be looked into by the retailers.

57 Indian Retail Market: Changing with the Changing Times, Deloitte, August, 2010.

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Location and Rental

Rent forms a large portion of the total expenditure of any organised retail business in India.58

Indian property rentals are sometimes exorbitant in the prime areas thus putting a strong

pressure on viability.59 The challenge for a retailer would be to find the right location for their

stores and select properties which do not impact their bottom-line. Certain retailers have taken

to developing their own properties keeping an eye on the savings in the long run.60

Understanding the unique Indian Customer

The Indian consumer has varied tastes and is primarily value oriented and pricing is critical in

the country.61 Further, the tastes vary across the country. Thus, a particular product may be a

best seller in one area while might not sell in the other state. The organised retailer has to

identify the tastes of the different areas and cater to the varied demands62 which might

lead to lesser volumes and lesser bargaining power. Further, the Indian customer also has

a preference for fresh products and the retailers would have to modify their strategies to

suit such preferences.63

Regulatory measures

As mentioned before, the Indian tax structure varies to a large extent among the different

states and Goods and Service Tax which is likely to be implemented in 201364 will

replace a host of levies like excise, sales tax, value-added tax, entertainment tax and

luxury tax. Further, starting a new business venture in India requires a number of

licenses, which have to be obtained from different government departments leading to

considerable lead time in opening up of the stores.65

58 Malls and Hyper Markets: Perspectives of Contemporary Shopping, School of Management Studies, Punjabi University,

Patiala, p. 40 59 Nargundkar Rajendra, Services Marketing: Text and Cases, Tata McGraw Hill, New Delhi, 2010, p. 348 60 Ratna Bhushan & Rasul Bailay, Tata, Reliance join retail rush, plan to build shopping malls across the country, Available

at http://articles.economictimes.indiatimes.com/2012-07-11/news/32632952_1_malls-retail-space-retail-formats, Last accessed on 12 October, 2012.

61 Amisha Gupta, “Foreign Direct Investment In Indian Retail Sector: Strategic Issues And Implications”, IJMMR, Volume 1, Issue 1 (December, 2010) , pp. 56

62 Ramaswamy VS, S Nakamuri, Marketing Management, Macmillan Publishers India Limited, New Delhi, 2009 p. 272 63 Unknown, The Great Indian Bazaar, McKinsey and Company, Mumbai 2008, p.22 64 GST rollout likely in 2013-14: Modi, Available at http://www.financialexpress. com/news/gst-rollout-likely-in-201314-

modi/938756/, Last accessed on 11October, 2012. 65 Laxmikant S. Hurne, “Proposed FDI in Multi-Brand Retailing: Will it heat the Indian unorganized Retail Sector?”, Review

Of Research, Vol.1,Issue.VI, March, 2012, p.3

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Slow acceptance of private labels

Private labels enable retailers to offer products at better prices due to the removal of the high

cost brand names. Further, it lets the retailer package their own products middlemen and

enhances bargaining power with supplier. In-house brands account for 12-15% of sales and

more than 20-25% of profits for most Indian retailers which is very low compared to the

global mark of earning 55-60% of revenues from private labels. 66 The concept of private

labels has however not captured the desired attention in the Indian market which in certain

sectors shows a high brand loyalty thus reducing the options for the retailers.

Absence of trained labour force

Indian retailing faces the challenge of lack of trained manpower67 and the new employees

which are employed by the companies have to be trained in the sector, thus increasing the cost

for the companies which employ the workers. Further, lack of past experience reduces

efficiency. Further, the sector sees high attrition levels due to shortage of quality manpower.

66 Sagar Malviya & Sarah Jacob, Private labels' euphoria subsides in retail, Available at

http://articles.economictimes.indiatimes.com/2011-06-13/news/ 29653341 _1_private -labels-spencer-s-kampani-ceo-thomas-varghese, Last accessed on 14 October, 2012.

67 Frost and Sullivan, Overview of The Indian Retail market, 2008 , p. 7

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PART 3: EVOLUTION OF ORGANISED RETAIL WORLDWIDE

Retailing has come to be recognized as a discipline due to rapid growth in market coverage and

investments in this sector in India and the world. There are various factors responsible for retail

revolution across the globe, including in India. The demographic profile of the consumer has changed

and due to economic development and increased income level he has become affluent. Also it has been

observed that the powers have slowly started moving out of brands into retailer’s hands due to their

proximity with customers and improvements in customer service. The emergence of private labels will

substantiate this fact. All the mass produced products are being served to mass consumers through

retail platforms allowing the customer to choose from wider assortments. There has been revolution in

retail industry. The India Retail Industry is the largest among all the industries, accounting for over 10

per cent of the country’s GDP and around 8 per cent of the employment. The Retail Industry in India

has come forth as one of the most dynamic and fast paced industries with several players entering the

market.

The industrial revolution necessitated dramatic changes on the retail front. The increase in urbanization

meant that consumers were now clustered .in small geographic areas. These led to the emergence of

shops to serve the needs of locals.68 The number of consumers increased and mass transportation

became a way of life. Mass manufacturing, longer distribution channels and mass merchandisers

evolved. Retail evolved in many ways over the 20th century. Self service, a concept started in 1916

helped the retailer in reducing costs, as fewer workers were required to service the customers.69 The

emergence of the supermarkets during 1930s, discounted stores and hypermarket like Carrefour in

France in 1963 indicated retail boom. As the needs of consumers grew and changed, one saw the

emergence of commodity specialized mass merchandisers in 1970.70 The seventies also witnessed the

use of technology in the retail sector with the introduction of the barcode specialty chains developed in

the 80s as did large shopping malls. In 1995 the world of retail opened the doors to global market on

the web. With the growth of the World Wide Web, both the retailers and consumers can find suppliers

and products from anywhere in the world.71

68 Andrew Edgecliffe Johnson, “A Friendly Store from Arkansas”, Financial Times, 19 June 1999. 69 Wal-Mart Associate Handbook, Available at http://walmart.3cdn.net/ 594f2e1e559832379c_k3m6bh9d8.pdf, Last accessed

on 16 October 2012. 70 Annual Report, Wal-Mart Stores, Inc. (1971-2001), Available at http://stock.walmart.com/annual-reports, Last accessed on

16 October 2012. 71 Thomas L Friedman, The World Is Flat: The Globalized World in the Twenty-First Century, Penguin Books, 2007.

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Factors which Assisted the Growth of Global Organised Retail

In western states, rise of organised retail globally has been attributed towards urbanization, and

positive change brought in by post world war situation and some of the growth factors of organized

retail can be listed as72:-

1. Increase in per capita income which in turn increases the household consumption

2. Demographical changes and improvements in the standard of living Change in patterns of

consumption and availability of low-cost consumer credit

3. Improvements in infrastructure and enhanced availability of retail space

4. Entry to various sources of financing

5. Advent of information technology

Lehman Brothers analysts have noted Wal-Mart’s “leading logistics and information competencies”.73

The Financial Times has called Wal-Mart “an operation whose efficiency is the envy of the world’s

storekeepers”. Wal-Mart and other such “big-box” retailer’s competitive edge is driven by a

combination of conventional cost-cutting and sensitivity to demand conditions and by superior

logistics and distribution systems. The chain’s most-cited advantages over small retailers are

economies of scale and access to capital markets, superior logistics, distribution, and inventory control.

These big retailer’s cost-savings extend to its employment practices; many have been accused of

requiring employees to work off the clock and using illegal-immigrant labor (through contractors).74

Such practices, if true, could reduce these retailers’ measured employment without reducing its actual

labor inputs. Big retailer’s low wages are also said to contribute to its measured productivity. While

Wal-Mart and such other companies’ wage data are not publicly available, several sources estimate the

current typical hourly wage of a Walmart “associate” to be $7-$8/hour.75 These wages are on par with

wages paid by other large discount chains (like K-Mart and Target), but are typically below union

rates.

72 J.R. Graham, “Marketing Strategies for Businesses that are more ‘Bricks’ than ‘Clicks’”, The American Salesman, Vol. 45

No. 9, 2000, pp. 19-25. 73 Emek Basker, “Selling a Cheaper Mousetrap: Entry and Competition in the Retail Sector”, Draft report University of

Missouri, January 2004. 74 Steven Greenhouse, “Suits Say Wal-Mart Forces Workers to Toil off the Clock”, New York Times, 25 June 2002. 75 Virginia Postrel, “Lessons in keeping Business Humming, Courtesy of Wal-Mart U”, New York Times, 28 Feb. 2002, At

C2.

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To look into the explicit reasons behind the growth of organized retail, it would be convenient for us to

look into the growth of specific model, Wal-Mart is frequently referred as “King of Inventory

Management”, as the company keeps lesser inventory in comparison to it peers, reason attributed not

only to economy of scales that it has over other competitors but also scientifically advanced supply

chain management which gives corporation an edge over its competitors, forget small traders (mom &

pop store keepers). Many case studies have been conducted to decode the same, one of the most cited

one was published by Harvard Business Review, in which the whole supply chain management was

referred as Rocket Science.76 Specific departments in these corporations work to reduce per/piece cost

so as to contain the cost at such a low level which cannot be met by small retailers, thus eventually

driving them out of competition. In short, Business analysts explain Wal-Mart's success as a function

of four major factors: a big box format,77 everyday low pricing, efficiency in logistics,78 and

competitive intensity.79

Comparison of these Factors with the Indian Scenario

Most of the retail sector in India is unorganised, which are popularly referred as mom-pop stores. The

biggest advantage in this sector is the consumer familiarity that passes on from one generation to the

next. The transformation stage of the retail sector started in late 1990’s. The emergence of pure retailer

has started at this stage as it is been perceived as a beginner and the organised retailing is getting more

attractive. In India, the retail business contributes around 14 percent of GDP in 2011.80 Of this, the

organized retail sector accounts only for about five to six percent share, and the remaining share is

76 Marshall L Fischer, Ananth Raman and Anna Sheen Mcclelland, “Rocket Science Retailing Is Almost Here, Are You

Ready?”, Harvard Business Review, July-August, 2000. 77 The "Big Box Format" is the principle of how "Larger stores increase sales per square foot by encouraging customers to

buy additional goods, often on impulse. Big-Box Stores also let retailers spread fixed labor costs like store management and cleaning crews across more sales.".

78 One of Wal-Mart's greatest achievement is its use and development of it applications: It is widely regarded as the leader in the use of it in retail and pioneered a number of it applications including, for

example: Early adoption of computers to track inventory in distribution centers (1969),Use of computer terminals in stores to facilitate communication (1977),Scanning using UPC codes (1980),Ground-breaking use of electronic data interchange (1985), Satellite communications network (1987),Use of radio frequency (rf) guns (late 1980s), Expansion of the edi system to include an extranet, which became an early form of escm (beginning in 1991), Development of 'retail link,' a micro-merchandising and supply chain management tool (beginning in 1991), As with its managerial innovations, these innovative uses of it improved Wal-Mart's productivity (both capital and labor) and cost position. They also resulted in continued market share gain due to their contribution to lower prices, lower out of stocks, and more effective merchandising.

Mckinsey & Co., US Productivity Growth, 1995-2000 1, 2001, Available at http://www.mckinsey.com/mgi/reports/pdfs/productivity/retail.pdf, Last accessed on 07 October, 2012.

79 Ibid. 80 ‘Global Retail Expansion: Keeps On Moving 2012’, Atkearny, Available at

http://www.atkearney.com/documents/10192/4799f4e6-b20b-4605-9aa8-3ef451098f8a, Last accessed on 14 October, 2012.

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contributed by the unorganised sector. The main challenge faced by the organised sector is the

competition from unorganized sector. An important aspect of the current economic scenario in India is

the emergence of organized retail. There has been considerable growth in organized retailing business

in recent years and it is poised for much faster growth in the future. Major industrial houses have

entered this area and have announced very ambitious future expansion plans.81 Transnational

corporations are also seeking to come to India and set up retail chains in collaboration with big Indian

companies. However, opinions are divided on the impact of the growth of organised retail in the

country. Factors responsible for the growth of organised sector do have applicability in Indian context

also, as the growth factors of organized retail are:-

Increase in per capita income which in turn increases the household consumption

Increasing per capita income is one of the reason that has enabled foreign and domestic investors to

invest in organised retail, as with the rise in income there is bound to be rise in living standard of

people, and India has witnessed unprecedented growth post liberalization thereby realization of

higher income by households.82

Demographical changes and improvements in the standard of living

With the impetus provided to industrial activity by measures initiated in 1991 budget, employment

opportunities increased on exponential fold in urban centers resulting in rural-urban migration, which

had a significant effect in bringing about demographic change in the country.83

Change in patterns of consumption and availability of low-cost consumer credit

With the objective of providing injections in the financial system, and to reduce leakages so as to

provide impetus to private investment in the country, interest rates were decontrolled in a specific

81 RIL, RPG, Videcon, Bharti-Airtel, Aditya Vikram Birla Group, etc., to name a few. 82 C. K. Prahalad, The Fortune at the Bottom of the Pyramid: Eradicating Poverty Through Profits, Pearson Prentice Hall,

2006. 83 National Council Of Applied Economic Research, Delhi (NCAER), report on ‘The India Market Demographic Report

2002’.

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band, which resulted in easy access of credit to consumers, which in turn has led to spur growth in

the financial system.84

Improvements in infrastructure and enhanced availability of retail space

Infrastructure was government’s first priority, as in pre-liberalisation period there was dearth of

investment in the same, so various initiatives were taken such as providing tax exemptions on infra-

bonds, various models were developed like public private partnership (PPP Model), Build Operate

Transfer (BOT Model), etc., to involve private sector in developing infrastructure of the country.

Some of the prominent projects include Golden Quadrilateral (road sector), Ultra Mega Power Plant

(Electricity generation), etc., were taken on the same lines and has resulted in spurring investment by

retail players.

Entry to various sources of financing

Post liberalization there was huge influx of capital in the economy, so to regulate the same various

legislations were passed and amended like Securities Exchange Board of India (SEBI, 1992) came

into existence and since then there have been various financing models have been allowed like

mutual funds, fund of funds, relaxation in external commercial borrowings (ECBs), Indian

Depository Receipt (IDR), etc., to enable private individuals to raise money in a proper legal

framework. Various guidelines have been amended and have brought in transparency such as ICDR

2009 regulations, etc., which regulates the conduct of companies having securities listed in the

capital market.85

Advent of information technology

Post 1990s, globe has witnessed astonishing development in the field of information technology due

to heavy investment made in the sector during dot com bubble regime, resulting in advance

technology being available at cheaper prices which has further come to as an aid to retail sector. Big

84 Shivam Shirdhonkar, “Analysis of Rural Retail Market for Aadhar”, Available at

http://www.scribd.com/doc/50797888/20600169-godrej-Aadhar-Report, Last accessed on 14 October, 2012. . 85 M.Y. Khan, Indian Financial System, Tata Mcgraw-Hill Education, New Delhi, 2011.

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corporations like Wal-Mart uses satellites, Radio Frequency Identification (RFID) system which has

further increase the efficiency of the corporations, there by resulting in minimising costs.86

Impact of Organised Retail Worldwide on Macro Economy

During recent decades, FDI has increased exponentially: the yearly global flows of FDI increased from

55 billion US $ in 1980 to 1,306 billion US $ in 2006. FDI inflows increased continuously during the

1980s and 1990s - with the sharpest growth in the late 1990s - to reach a peak in 2000. Between 2001

and 2003 the developed economies experienced a sharp decline in FDI inflows, associated with a

general global economic recession. Developing countries were affected only to a small extent. FDI

flows started to recover in 2004 and were back at their 2000 level in 2006.87

When a firm wants to invest in a foreign country, there are two possible entry modes, greenfield

investment or M&A (mergers and acquisitions). Greenfield FDI refers to the establishment of new

production facilities such as offices, buildings, plants, factories and the movement of intangible capital

(mainly services) to a foreign country, one of the preliminary conditions laid down in DIPP

notification. Greenfield FDI thus directly adds to production capacity in the host country and, other

things remaining the same, contributes to capital formation and employment generation in the host

country. Cross-border M&As involve the partial or full takeover or the merging of the capital and

assets of an existing enterprise in the host country by transnational companies from the home country.

M&As represent a change in ownership that does not necessarily involve any immediate additions to

investment or employment in the country.88 Greenfield investment is more important in developing

countries than in industrialised economies. The main idea underlying the FDI liberalisation policies of

many developing countries and the FDI promotion efforts of international donors such as the World

Bank and the IMF is the notion that FDI inflows foster economic growth.89 As FDI is a composite

bundle of capital stock, know-how and technology, its impact on economic growth is expected to be

manifold.90

86 Miguel Bustillo, “Wal-Mart Radio Tags to Track Clothing”, Wall Street Journal, 23 July 2010.

http://online.wsj.com/Article/Sb1000142405274870 4421 304575383213061198090.html, Last accessed on 16 Oct. 2012. 87 UNCTAD Report on ‘Trade and Development 2007’, Available at http://unctad.org/en/docs/tdr2007_en.pdf, Last accessed

on 12 October, 2012. 88 UNCTAD Report on ‘Trade and Development 2006’. Available at unctad.org/en/Docs/tdr2006_en.pdf, Last accessed on

10 October, 2012. 89 J.H. Dunning, “The Global Economy, Domestic Governance, Strategies Of Transnational Corporations: Interactions And

Policy Implications”, Transnational Corporations Journal, Vol. 1 No. 3, 1992, pp. 7-46. 90 L. De Mello, “Foreign Direct Investment in Developing Countries: A Selective Survey”, The Journal Of Development

Studies, Vol. 34 No. 1, 1997, pp. 1-34.

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The traditional neo-classical approach to growth, this capital accumulation can affect growth only in

the short run.91 Long-run growth is only possible through a permanent increase in the level of

technology and is taken to be exogenous in neoclassical growth models.92 Yet, more recent models, i.e.

the endogenous growth model, consider technology as internal to the economic growth process, and

see a role for capital in the creation of technological advance.93 Capital allows for investment in the

development of new ideas and skills, and since knowledge is - to some extent at least - a public good, it

raises the level of technology not only within the firm but in the entire economy.94 These externalities

account for the permanent advance in the level of technology, which is needed to promote growth in

the long run. Thus, according to the new growth theories capital - including FDI - can permanently

affect output growth through increased investment in technology and know-how, thereby increasing

the overall level of knowledge and technology in the economy. FDI is described as a whole package of

resources: physical capital, modern technology and production techniques, managerial and marketing

knowledge, entrepreneurial abilities and business practices.95 Therefore FDI is said to contribute

directly - and more strongly than domestic investment - to accelerated levels of growth in an economy

because of the more advanced levels of technology, managerial capacity and knowhow, resulting in

higher levels of efficiency and productivity. MNCs are among the most technologically advanced firms

and account for a substantial part of the world's investment in research and development .96 When

starting up a foreign affiliate, MNCs are not likely to give the source of their competitive advantage

away for free. They will thus try to limit horizontal spillovers (intra-industry) of productivity and

market access advances to competing domestic firms that operate in the same market.97 Yet,

technology and knowledge are characterised by imperfect markets with important externalities, so

horizontal spillover of technology or trained labour to domestic competitors can never be completely

prevented. In contrast, vertical spillovers (inter-industry) through forward and backward linkages with

domestic companies are desirable for the MNC and it is thought that these spillovers to suppliers and

91 R.M. Solow, “A Contribution to the Theory of Economic Growth”, Quarterly Journal of Economics, Vol. 70, 1956, pp. 65-

94. 92 R.M. Solow, “Technical Change and the Aggregate Production Function”, Review of Economics and Statistics, Vol. 39,

1957, pp. 312-320. 93 P. Romer, “Endogenous Technological Change”, The Journal of Political Economy, Vol. 98 No. 5, 1990, pp. 71-102. 94 In later section China’s and Brazil’s home grown retailers have been discussed, how they survived competition from

foreign retailers and how they adopted practices followed by foreign retailers. 95 M.P. Todaro, The Economic Development in the Third World, Longman, New York, 1985. 96 R. Caves, “Multinational firms, Competition and Productivity in Host-Country Markets”, Economica, Vol. 41 No. 6, 1974,

pp. 176-793. 97 Liesbeth Colen, Miet Maertens and Jo Swinnen, “Foreign Direct Investment as an Engine for Economic Growth and

Human Development: A Review of the Arguments and Empirical Evidence”, Human Rights and International Legal Discourse, Vol. 180, 2009.

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buyers can play a very important role. While MNCs tend to prevent the transfer of technologies to

home country competitors, they are likely to increase the efficiency of domestic suppliers or customers

voluntarily through vertical input-output linkages.98 MNCs provide incentives to local firms by

imposing high standards and help them to increase productivity and quality.99

Vertical spillover effects from FDI in the agri-food sectors of developing and transition countries

have recently received a lot of attention as FDI in the agri-food sector of developing countries is

thought to be particularly important because of the existence of vertical links with local farmers.

Such vertical links in the agri-food sector entail the potential for creating poverty-reducing effects in

the rural areas of developing countries, where poverty rates are often very high. Many studies

provide evidence of positive productivity spillover effects from FDI in the agri-food sector to

domestic farmers in low-income countries. Dairy farmers in Poland,100 have significantly higher

levels of output and productivity when they are vertically linked to modern FDI milk companies,

similar effects have been observed for the broiler, dairy and fruit and vegetable sectors in Thailand,

the Philippines and Australia.101 These studies indicate that such productivity spillover effects are

created because technology and know-how are transferred directly from FDI companies to supplying

farms through contract-farming schemes, including extensive farm assistance programmes.

Empirical evidence of export spillover effects is limited but there is evidence of positive export

spillover effects in the Venezuelan primary sector.102 The probability that a domestic firm engages in

export activities is positively correlated with proximity to multinational firms, while for domestic

exporting firms no export spillovers are found. MNCs' exports have a positive effect on domestic

firms' probability of being exporters but do not find evidence that such spillovers impact on the

export ratio of domestic firms.103

98 H. Gorg and D. Greenaway, “Much Ado about Nothing? Do Domestic Firms Really Benefit From Foreign Direct

Investment?”, The World Bank Research Observer, Vol.19 No. 2, 171-197. 99 H. Gow and J. Swinnen, “Up- And Downstream Restructuring, Foreign Direct Investment, And Hold-Up Problems in

Agricultural Transition”, European Review Of Agricultural Economics, Vol. 25 No. 3, 1998, pp. 331-350. 100 L. Dries and J. Swinnen , “Foreign Direct Investment, Vertical Integration And Local Suppliers: Evidence From The Polish

Dairy Sector”, World Development Review, Vol. 32, 2004, pp. 1525-1544. 101 P.S. Birthal, P.K. Joshi and A. Gulati, “Vertical Coordination In High-Value Food Commodities: Implications for

Smallholders”, Mtid Discussion Paper No. 85, 2005. 102 B. Aitken, G. Hanson and A. Harrison, “Spillovers, Foreign Investment and Export Behavior”, Journal of International

Economics, Vol. 43 No. 1-2, 1997, pp. 103-132. 103 D. Greenaway, N. Sousa and K. Wakelin, “Do Domestic Firms Learn To Export From Multinationals?”, European Journal

Of Political Economy, Vol. 20, 2004, pp. 1027-1043.

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FDI can affect poverty is by contributing to the governments' tax revenue, which can be used for

redistributive measures benefiting the poor or spent on the development of social safety nets for the

poorest.104 In some developing countries, the importance of FDI in overall tax revenue is quite high,

creating opportunities for poverty-reducing policy measures.105

Indian scenario has been quite upbeat after the announcement of reforms as not only FIIs are on an

investment spree but there has been major announcement with regards to FDI, very recent Swedish

retailer IKEA, the world's largest furniture maker announced about € 1.5 Billion in India, over a

certain period after having correspondence with Indian Commerce Minister Anand Sharma.106 This

step comes after India allowed up to 100% FDI in single brand retail, albeit company had some

reservations as to the requirement of local sourcing. This investment does not look such a big step,

but considering the fact that total investment/FDI received by India during April 2006 and March

2010 in single brand retails totals to around $ 194.6 million,107 the period in which 51% FDI was

allowed certainly raises question as towards our FDI policy, if we are late entrant, further it also

leaves a joyful question mark in our hearts, if the single brand retail is capable of attracting such a

phenomenal investment then what would be the magnitude of investment by corporations dealing in

multi-brand retail ?

Impact of Organised Retail on Micro Economy: Global Outlook

Impact on Retail Workers: Labour Law issues

Merely bringing organised retail itself does not guarantee compliance of statutory laws, as one of the

arguments government has voiced is that labour laws are not abided by unorganised sector.

Experience of these large corporations tell us different story, as even in developed countries Wal-

Mart has exploited lacunas present in the enforcement agencies. Wal-Mart pushes down pay/salary

for retail employees even in the United States. When Wal-Mart builds a new store there, the jobs

that it displaces usually provided better pay, benefits and scheduling than Wal-Mart does.108

104 M. Klein, C. Aaron and B. Hadjimichael, “Foreign Direct Investment and Poverty Reduction”, World Bank Policy

Research Working Paper, No. 2613, 2001. 105 50% of Botswana's Government Budget Results from foreign Inflows in the primary sector,. 106 Available at, http://www.Business-Standard.com/Results/News/Ikea-To-Enter-India-Invest-15-Bln-Euros-In-

Stores/175906/, Last accessed on 15 Oct. 2012. 107 Issue of Discussion Paper on FDI In Multi Brand Retailing,( Department if Industrial Policy and Promotion). 108 Emek Basker , “Job Creation Or Destruction? Labor-Market Effects Of Wal-Mart Expansion”, J21University Of Missouri,

January 2004.

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Workers are also less likely to have employer-sponsored health benefits, because they earn so little,

Wal-Mart workers in the US are more likely to rely on publicly provided health and welfare

programs compared to retail workers as a whole.109 In 2007, Wal-Mart was estimated to have

lowered average retail wages by 10% – by displacing higher-paying jobs and by putting pressure on

competitors to reduce wages –at an annual cost to US workers of $4.5 billion.110

Treatment to fairer sex by Wal-Mart has also been subjected to criticism, as in 2010, Wal-Mart

employed 798,881 women at non-supervisory positions,111 who earned an average wage of just

$8.81/hour,112 which is abysmally low in accordance to US standard of living wage for a single adult

working full-time with a child.113

A lawsuit was instituted against the company alleging gender discrimination in pay and promotions

which was tagged in a class action suit because of the extra ordinarily large number of people

instituting similar proceedings.114 The lawsuit brought by Wal-Mart employees, Dukes v. Wal-Mart,

became the largest class-action lawsuit in US history, with the plaintiffs representing around 1.5

million current and former female workers.115 As part of the proceedings, Wal-Mart was compelled

to disclose payroll and employment records. In his analysis of these records, economist Richard

Drogin found that in 2001, female employees at Wal-Mart at all levels earned less than their male

counterparts.116 On average, women earned $5,200 less per year than men. The Dukes case was

dismissed by the US Supreme Court in June 2011. The justices did not rule on the merits of the case;

instead, they essentially decided to disallow the lawsuit because the class was so large. 117

109 Affidavit of Kenneth Jacobs to the Competition Tribunal of South Africa, Ct Case No. 73/Lm/Nov10 110 Andrajit Dube, T. William Lester and Barry Eidlin, “Firm Entry and Wages: Impact Of Wal-Mart Growth on Earnings

throughout the Retail Sector,” Institute Of Industrial Relations Working Paper No. 126, 2004, p. 05. 111 Wal-Mart Global Responsibility Report on ‘Social – Associates 2011’. Available at,

http://walmartstores.com/Sites/Responsibilityreport/2011/Social_ Associates_Diversity.aspx, Last accessed on 16 Oct. 2012.

112 Gross, Courtney, “Is Wal-Mart Worse?”, Gotham Gazette, 14 Feb. 2011. Available at, http://www.gothamgazette.com/Article/Searchlight/20110214/ 203/3463, Last accessed on 14 Oct., 2012.

113 “Living Wage Calculator” Poverty in America, Available at http://www.Livingwage.Geog.Psu.Edu/States/08, Last accessed on 16 October, 2012

114 Jeffrey Toobin, “Betty Dukes V. Wal-Mart”, The New Yorker, 20 June 2011. Available at: http://www.newyorker.com/Online/ Blogs/Newsdesk/2011/06/Betty-Dukes-V-Walmart.Html,

115 Ibid. 116 ‘Walmart’s Global Track Record and the Implications for FDI in Multi-Brand Retail in India’, UNI Global Union,

Available at, http://www.uniglobalunion .org/ Apps/Unipub.Nsf/Vwlkpbyid/870affcdcffa1ee 7c12579c00054892d/$File/ FDI_Report.Pdf, Last accessed on 15 Oct. 2012.

117 Ibid.

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Wal-Mart has broken the law multiple times in the past when it comes to minimum working

conditions even in US where minimum wage and other basic labour standards exist but lacks strong

enforcement.118 Wal-Mart recently in 2008, agreed to settle 63 pending wage lawsuits in 42 states.

The settlements totalled $640 million dollars in legal fees and payments to former and current

workers.119

Wal-Mart’s record in case of compliance with child labour legislation is also poor as when it comes

to workplace safety of the employed young persons. An internal company audit of 128 stores in the

U.S. found that in one week in July 2000 there were 1,371 instances of minors working too late,

during school hours, or for too many hours in a day. Wal-Mart paid $1,35,540 to settle a case with

the U.S. Department of Labour alleging that the company violated child labour laws in the states of

Arkansas, Connecticut and New Hampshire between 1998 and 2002 by requiring teenage employees

to use hazardous equipment such as chain saws, paper balers and forklifts.120 Washington State’s

Department of Labour and Industries in 2000, threatened to take over the management of Wal-

Mart’s workers’ compensation claims as the Department found that Wal-Mart repeatedly was not

allowing employees to file accident reports or workers’ compensation claims, and further failed to

respond to claims, made unreasonable delays in payments, prematurely terminated and

miscalculated compensation, had consistently poor record-keeping, and failed to recognise injured

workers’ rights to lost-time compensation.121

Effect on local existing retailers and intermediaries

Various studies have been conducted to study the impact of big corporations like Tesco and Wal-

Mart on the scope of job creation by way of opening these big stores, it has been concluded that such

stores in toto have negative impact, and one such studies explicit finding concludes that each Wal-

Mart worker takes the place of 1.4 retail worker.122

118 Kevin O’grady, “Five Decades After The Establishment of Wal-Mart”, Business Day (South Africa), 12 May 2011. 119 Steven Greenhouse and Stephanie Rosenbloom, “Wal-Mart Settles 63 Lawsuits Over Wages”, New York Times, 23 Dec

2008. 120 Steven Greenhouse, “In House Audit says Wal-Mart Violated Labor Laws”, New York Times, 13 January 2004. 121 Affidavit of Annette Bernhardt in the Competition Tribunal of South Africa, Cc Case No: 2010 Nov 5445. 122 Neumark, David, Junfu Zhang, and Stephen Ciccarella, “The Effects Of Wal-Mart On Local Labor Markets.” Iza

Discussion Paper, January 2007. Available at: http://www.Newrules.Org/Sites/Newrules.Org/Files/Images/ Neumarkstudy .pdf, Last accessed on 14 October, 2012.

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When modern retail arrived in Chile in 1990s, large number of small shops went out of business in

the span of just a few years. It was reported in ICRIER’s May 2008 report, that between 1991 and

1995, “15,777 small shops went out of business, mainly in Santiago, a city of 4 million,

“representing 21-22% of small general food, meat and fish shops, 25% of deli/meat shops and dairy

shops, and 17% in produce shops.123 Chile’s food retail sector has continued the process of

consolidation to the point of negatively impacting free competition.

In December 2011, government competition authorities announced an investigation of Chile’s

highly concentrated grocery sector, where Wal-Mart is the largest player with 33.4% market

share,124 for possible price collusion of basic products including meats and detergents.125 Chile’s

experiences with modern retail is no different than Argentina where from 1984 to 1993, during the

most intense period of take-off of supermarkets, the number of small food shops declined from

209,000 to 145,000.126

Another example from Latin America can be that of Mexico where the effects of global retailers on

existing agricultural wholesalers is noteworthy, the role of regional wholesale markets diminished

significantly due to “the increasing reliance on direct procurement and distribution centres” as well

as “the emergence of large, powerful intermediaries closely linked with state government and export

markets.” Most notably, “this sharp decline in sales coincides with the increasing market share of

big retailers like Wal-Mart and national food retailers.”127

Comparative Assessment of Organised Retail in Various Countries

CHINA

China ushered into an era of economic reforms, has emerged as an export juggernaut, and has

experienced unprecedented urbanization which is backed up by the state’s unswerving commitment

to development which can be witnessed by high growth rate of GDP, have vaulted the Land of

123 Mahtew Joseph, Nirupama Soundararajan, Manisha Gupta and Sanghamitra Sahu, “Impact Of Organized Retailing On The

Unorganized Sector”, Indian Council For Research On International Economic Relations, May 2008 124 “Chile: Supermarket Sector Sending Out Sparks”, Estrategia, 26 September 2011. 125 “Investigan En Chile a Principales Cadenas Supermercados Por Posible Colusión”, Abc Digital, (2011) Available at,

http://www.Abc.Com.Py/Nota/ Investigan-En-Chile-A-Principales-Cadenas- Supermercados-Por-Posible-Colusion/, Last accessed on 11October, 2012.

126 Ibid. 127 James J. Biles and Et Al, “Globalization of Food Retailing and Transformation of Supply Networks: Consequences for

Small-Scale Agricultural Producers In Southeastern Mexico”, Journal Of Latin American Geography, Vol. 6 No. 2, 2007.

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Dragon to a venerable position globally in terms of Purchasing Power Parity GDP, second only to

the United States (U.S.). Over the past two decades China’s Gross National Income (GNI) per capita

has expanded 13 times. And as incomes have grown, so has the capacity to spend.128 By 2015, per

capita consumption in China is set to increase to 17,000 renminbi ($2502) from 13,400 renminbi

($1975) in 2008. Total urban consumption in 2015 is likely to exceed 13.3 trillion renminbi ($1.96

trillion), making the country the third biggest consumer market after the U.S. and Japan according to

the 2009 Annual Chinese Consumer Study by McKinsey. These sweeping changes in China’s socio-

economic framework have also led to the emergence of a buoyant retail sector, which thrives on the

progressive Chinese consumer.129 With this, domestic retailers have come to benefit from the

mounting retail appetite, and global retail chains have made a beeline to grab a share in the booming

Chinese retail market.

As demand in the developed countries reaches maturity, the lure of the flourishing retail market in

China has attracted global retailers since the floodgates of the sector were thrown open to foreign

players.130 With consumption demand in most of the developed world still reeling under the

aftermath of the global slump, the bustling Chinese retail market provides greener pastures for

retailers looking for growth. Moreover, now that the Chinese government is consciously trying to

retool its development model more towards domestic consumption rather than export dependence,

retailing in the world’s fastest growing economy is poised for exuberant growth.131

China has experienced unparalleled levels of urbanization since the onset of economic reforms

begun in 1978. Compared to 1980, today China’s urban population has increased by over 200%.

According to a McKinsey research study, by 2025, two thirds of the Chinese will be living in urban

areas.132 By 2030, China’s urban centers will be inhabited by 350 million more people, this increase

itself beating the entire population of the U.S. today. Also by 2025, 221 Chinese cities will boast of

a population of over one million, with 23 cities registering over five million. In comparison, Europe

128 Available at, http://www.thomaswhite.Com/Explore-The-World/Bric-Spotlight/ China- Retail.Aspx, Last accessed on 15

Oct. 2012. 129 Ibid. 130 Murali Patibandla, "Working Paper No. 336 Foreign Direct Investment in India's Retail Sector : Some issues", Indian Institute

of Management, Bangalore, 2012. 131 “Bric Spotlight Report on Retail Sector in China: The Next Big Thing?, 2011”, Thomas White Global Investing, Available at

http://www.thomaswhite.com/pdf /bric-spotlight-report-china-retail-june-11.pdf, Last accessed on 12October, 2012. 132 Richard Dobbs, Sven Smit, Jaana Remes, James Manyika, Charles Roxburgh, Alejandra Restrepo, "Urban world: Mapping the

economic power of cities", 2011, Available at http://www.mckinsey.com /insights/mgi/research/urbanization /urban_world, Last accessed on 07October, 2012.

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has just 35 cities with a population of over one million currently.133 The urban economy is expected

to generate 90% of China’s GDP by 2025, with its aggregate consumption and disposable incomes

twice those of Germany.

Opening up of retail sector: experience in China

China’s accession to the World Trade organization (WTO) in 2001 marked a new, liberalized era for

foreign investment in retail. Under the WTO’s Accession Protocol, the opening up of the retail sector

was phased over a period of five years to December 2006. The framework of rules however, left much

to be desired in terms of clarity and transparency. 134On the issue of equal ownership between the

domestic retailer and the foreign investor, the Commercial Sector Measures brought out in April 2004

by the Chinese government were in contradiction with the Accession Protocol as well as the 2007 FDI

Guidance Catalogue. While the Commercial Sector Measures restricted foreign investment to 49%

equity for foreign-invested retail chains with more than 30 outlets, the Accession Protocol as well as

the FDI Guidance Catalogue of 2007 allowed for equal ownership.

However, providing some clarity, the Chinese government’s Administrative Measures for Foreign

Enterprises or Individuals Establishing Partnership Enterprises, brought out in 2009, now permits

foreign investors or individuals to set up retail enterprises in partnership with domestic entities in

China.135 The Chinese Ministry of Commerce has also been gradually delegating the authority to

approve all foreign-invested retail businesses to provincial commerce branches, facilitating the

expansion of foreign retail players within the country. China’s retailing sector remains highly

fragmented, housing many small and medium-sized retailers unlike the U.S. where the big retailers

have a dominating presence. China was home to over 549,000 retail enterprises. Despite the fact that

the number of chain stores has grown in recent years, cross-provincial retailers remain less common

because of local market access barriers.

However, China does flaunt a wide array of retail formats, each at a different level of evolution and

development:

» Department stores: These stores were popular earlier on, but are facing intense competition

now and are battling to stay ahead.

133 Ibid. 134 Richard Self and B. K. Zutshi, “Movement Of Natural Person Under The GATS”, Joint WTO-World Bank Symposium. 135 Ibid.

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» Hypermarkets: The development of hypermarkets has been led by international retailers, who

are now spreading their wings to tier 2 and 3 cities, as markets in tier 1 cities reach

saturation, retailers involved in the segment includes Wal-Mart, Carrefour, Vanguard,

Tesco, Metro, RT Mart Shanghai, Trust-Mart, etc.

» Supermarkets: This highly fragmented market dominated by domestic players, is witnessing

cutthroat competition, often leading to weeding out of the weaker players coupled with

strategic consolidation.

» Franchising: Constituting about 3% of China’s total retail market, franchising seems to have

tremendous potential for future growth, existing players in the segment include KFC,

McDonalds, 7-eleven and Pizza Hut.

» Specialty stores: Electronics/Appliances segment is dominated by domestic players, with

limited foreign investment.

» Direct selling: With direct selling rules introduced in 2005, providing the much needed legal

framework, the potential for further growth remains immense.

» Online retail: Online shoppers grew 68% between 2009 and 2010 to 185 million. Online retail

sales have been predominantly consumer-to-consumer transactions. Some of the

prominent retailers include Taobao, Alibaba and eBay.

Foreign companies were allowed to hold 51 per cent majority ownership (which India has now decided

to grant them) only 12 years after the sector was opened, first allowing 26 per cent foreign equity.

Initially, China also only allowed foreign retailers to open in select metropolises, such as Beijing,

Shanghai and Shenzhen, and, moreover, only in certain districts in those cities. In Beijing and

Shanghai, foreign retailers like Wal-Mart were only allowed to operate in districts where there were no

local competitors. Through these ‘invisible barriers', China succeeded in giving local retailers

protection, while, at the same time, they learnt from the ‘more efficient' business models of foreign

companies.136

Opening up of sector in a phased manner has benefitted local retailers in terms of logistics,

procurement and management, further benefits have also accrued to consumers as prices have fallen,

and efficiency has increased.

136 Ananth Krishnan, “Chinese Retailers Give Global Giants Run For Money”, The Hindu, Dec. 2, 2011, Available at,

http://www.Thehindu.Com/Business/ Economy/Article2681679.Ece?Service=Mobile, Last accessed on 15 Oct 2012.

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BRAZIL

Situation in 1990s

South American markets as a whole were characterized by economic instability attributed to high

levels of public debt and hyperinflation was the hallmark of many Latin American economies.

Inflation in Brazil had touched extreme high of 5000% in 1994.137 This resulted in buyers being

forced to make stock as soon as they received salaries for fear of losing the real value of their

money; retailers on the other hand too had to revise their price lists at short intervals.

With Cardoso, coming to centre stage Brazil’s moved towards political and economic stability as

various economic decisions were taken, such as Real Plan that introduced a new Brazilian

currency which helped in reducing inflationary pressures over economy. The initiative unleashed

a generation of consumers who witnessed their real salary being increased on account of low and

confined inflation in the system. Again in 2003 there was a change in leadership and Lula Da

Silva becoming head of the state who continued the reforms initiated by his predecessor and

extended them to family welfare schemes, subsidized housing, an easier access to credit, and

generous pay hikes, among other initiatives.138

Consumer lending was boosted as banks were allowed to deduct interest charges on debt directly

from the workers’ payroll. According to a study by Brazil’s Getulio Vargas Foundation quoted in

the Financial Times, about 49 million low-income Brazilians rose to the ranks of the middle and

upper-middle classes since 2003.

Brazil’s retail market is estimated to be worth about $230 billion, driven mostly by domestic

demand. Besides the 40% growth in GDP per capita during the last eight years or so, population

distribution also plays a vital role in encouraging the growth of sectors such as retail.139 About

30% of the country’s population lives in the 10 principal metropolitan cities. Sao Paulo brims

over with a population of 18 million, while Rio de Janeiro has 10 million.140 As a PwC report

137 BRIC Spotlight Report on, ‘Retail Sector in Brazil: Riding The Wave Of Middle Class Growth And Consumer Credit

Boom 2012 ’. 138 Ibid. 139 Walter Molano, “Latin America, Its Emerging Markets And The Global Economy - An Overview”, The Journal Of

International Business & Law, Vol. 51, 2007. 140 Ibid.

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points out, the lower income sections tend to spend more on essentials such as food and

beverages, while those in the upper income bracket splurge on leisure, durable goods, as well as

luxury items.141 The Brazilian market is also perhaps the most internationalized among the BRICs,

as the top 10 retailers corner almost 60% market share among themselves. Food retailers, apparel

retailers, consumer goods makers, appliance retailers, and consumer staples companies form the

backbone of the sector, supplemented by lesser savings rate existent in Brazil in comparison to its

peers Brazil became a hot destination for investors.142

Opening up of sector: experience

Although organized retail in Brazil could be traced back to 1948 when the current market leader Companhia

Brasileira de Distribuicao (CBD), better known as Pao de Acucar, started off as a small bakery. Among

foreign-owned entities, French retailer Carrefour S.A. was among the early birds to set up shop in Brazil,

coming in as early as 1975. Walmart Brazil, the third in the pecking order, was established in 1995 but

global biggies did not witness instant success rather homegrown retailers such as Hypermarcas and apparel

retailer Lojas Renner S.A. have grew at faster rates, helped by their knowledge of the local market.

Brazil has emerged as the world’s third-biggest grocery market, next only to America and China, thanks to

the aggressive growth strategy adopted by players operating in the market, both foreign and domestic.143

Global retailers such as Walmart and France’s Carrefour bank on the Brazilian market to make up for

sagging sales elsewhere. At the same time, domestic market leaders such as Pao de Acucar give them a run

for their money. Still, the new entrants find it tough to gain a foothold in the highly competitive market,

which offers great potential for growth.

Pao de Acucar is the biggest diversified retailer in Brazil, selling everything from groceries to home

appliances to clothing. The company has a market share of about 18% which is more than any of the foreign

retailer.

Carrefour S.A., French retailer, second only to Walmart worldwide, has been a significant market presence

in Brazil for more than 25 years with a market share of about 14.5%. Carrefour has got support from locals

141 PWC Report on ‘Demographics and Consumer Behaviour: Brazil’, Available at http://www.pwc.Com/En_Gx/Gx/Retail-

Consumer/Pdf/Brazil.Pdf, Last accessed on 15 Oct. 2012. 142 Available at http://www.egmontinstitute.Be/Paperegm/Ep31.Pdf, Last accessed on 16 Oct 2012. 143 Ibid..

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as it became the first foreign retailer to source/procure Brazilian agriculture products to its store located

across the globe.144

Wal-Mart the world’s largest retailer though was a late entrant in Brazil retail space, its Brazilian unit is now

one among its best performing subsidiaries.145 Last year, Wal-Mart Brazil, which has a market share of

12%, created ripples in the market when it implemented its “Everyday Low Prices” strategy to take on its

rivals. Though Wal-Mart Brazil first entered the market through a joint venture with local player Lojas

Americanas, its growth has been driven by acquisitions of the local units of Netherlands’ Royal Ahold and

Portugal’s Sonae.146

Many analysts are alarmed over Brazil’s rapid credit growth, fearing that a U.S.-model credit bubble may be

brewing. However, as a Financial Times report pointed out, this concern may be unfounded as about 60% of

consumer loans are made against payrolls, property, or cars and are offered at fixed rates.

PHILIPPINES

Several factors contribute to a growing middle class and rising consumer demand in the Philippines

which was ranked 29th in 2012 Global Retail Development Index. Here salaries remain low, but

household income is bolstered by overseas remittances that help maintain positive economic growth.

Further new emerging sectors have also fueled the growth, like Business Processing Outsourcing in

which it recently surpassed India resulting in increase of aggregate investment in the Country.147 The

bulk of income goes towards retail spending. The domestic job market is improving as the outsourcing

industry grows, thus bringing more dual-income to middle class families and young professionals with

disposable income to urban areas. Most of Philippines’ retailers and shopping centers are in urban

areas, with about half of total retail sales concentrated in the Manila area. Organised retail accounts for

35% of the total trade.148

144 Ibid. 145 Alessandro Bonanno, Wal-Mart, “Oligopsony Power and Entry: An Analysis Of Local Labor Markets”, Aaea & Acci Joint

Annual Meeting In Milwaukee, Wi, July 26–28, 2009. 146 Ibid. 147 Goutam Das and Sunny Sen, “Born again India's BPO Industry Losing Voice, Finds Life Elsewhere”, Business Today, 1

Apr. 2012. 148 UNCTAD Report on ‘Trade and Development Report 2012’. Available at

unctad.org/en/PublicationsLibrary/tdr2012_en.pdf, Last accessed on 05 October, 2012

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Opening of the Economy

Retail sector was opened to foreign investors in 2000 when Retail Trade Liberalization Act of 2000

(Retail Trade Act) was passed. This new act, which went into effect on March 26, 2000, essentially

opened the retail sector to foreign ownership. The Retail Trade Act declared that “the Philippine retail

industry is hereby liberalized to encourage Filipino and foreign investors to forge an efficient and

competitive retail sector in the interest of empowering the Filipino consumer through lower prices,

higher quality of goods, better services, and wider choices.”149 Under the Retail Trade Act, foreign

ownership in the Philippine retail sector is contingent on the level of total paid-up capital of an

enterprise, as specified under four categories. Category A consists of enterprises with less than US$2.5

million in paid-up capital, and is reserved exclusively for Filipinos and corporations wholly owned by

Filipinos.150 Category B consists of enterprises with minimum paid-up capital of at least US$2.5

million and may be wholly-owned by foreigners after March 26, 2000, two years after the Act went

into effect. During the first two years the Retail Trade Act was in effect, foreign ownership was

allowed up to only sixty percent.151 The third category, Category C, consists of enterprises with at least

US$7.5 million in paid-up capital, and could be wholly-owned by foreigners immediately upon the

Act's effective date." In addition, the Act requires that Category B and C enterprises with more than

eighty percent foreign ownership offer a minimum of thirty percent of its equity on any Philippine

stock exchange within eight years from the start of operations. The final category, Category D,

includes those enterprises specializing in so-called high-end or luxury products, with a paid-up capital

of at least US$250,000 per store. Category D enterprises can be wholly-owned by foreigners.152

Invisible Barriers

Under the Retail Trade Act, a foreign retailer must demonstrate that its parent corporation had153: 1) a

net worth of at least US$200 million for Category B and C enterprises, and US$50 million for

Category D enterprises; 2) five retail branches or franchises anywhere in the world, unless it has at

least one store with minimum capitalization of US$25 million; and 3) a five-year track record in

retailing. Additionally, only foreign retailers formed or incorporated in countries that allow Filipino

retailers are allowed to engage in retail trade in the Philippines. Finally, in order to promote locally-

manufactured products, the Retail Trade Act required that, for the ten-year period beginning on March

149 Retail Trade Act, 2000 (Phil.), Available at http://www.chanrobles.Com/ Republicactno8762.Htm. 150 Ibid. 151 Retail Trade Act § 3. 152 Ibid. 153 Van V. Mejia,”The Modern Foreign Investment Laws of the Philippines”, Temple Int'l & Comp. L.J., Vol. 17 No. 2, 2003.

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26, 2000, Philippine-made products must make up thirty percent of the aggregate cost of a foreign

retailer's inventory.

Effect on Infrastructure

Economic indicators such as exports, imports, and employment in the country zoomed after

liberalizing economy, further FDI made significant contribution to the country’s development, its

impact on technology transfer, productivity, domestic linkages, and employment are limited. The

apparent lack of local suppliers and poor logistics and infrastructure had been the major impediments

to FDI, but with gradual increase in investment there was creation of spillover effect by local suppliers

on the rest of the economy.154 Moreover, poor logistics and infrastructure which limited FDI flows to

industries with weak linkages with the rest of the economy has also been addressed, with investment in

not limited to the retail sector, as with the development of the requisite infrastructure country also

started attracting investments in outsourcing attributed to the presence of cost effective manpower.

154 Rafaelita M. Aldaba and Fernando T. Aldaba, “Assessing the Spillover Effects of FDI to the Philippines”, Discussion

Paper Series No. 2010-27.

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PART 4: POTENTIAL POSITIVE IMPACT OF INDIAN FDI IN RETAIL

Foreign direct investment plays an important role in India’s growth dynamics. The examples are software

and services industry, two-wheeler, automobile and auto-component industries, electronics and

telecommunications155. FDI in these industries expanded domestic and export markets, benefitted

consumers, generated employment, increased productivity and wages and generated externalities to local

firms.

FDI in the retail sector, supported by effective local institutions, might play similar role. The most important

dimension of the possible benefits is generation of world class supply chain in India which might decrease

transaction, information and production costs of business and expand markets significantly156.

Change is essential part of any dynamic society. The role of the government is generating effective

institutions that manage change which compensate the losers and make it work for the interests of larger

sections157. The main role of government is to establish and implement effective and autonomous regulatory

institutions - restraining anti-competitive conduct by firms, labour and environmental regulation158. The

government has to make credible commitments of its policies. Agents react differently if they believe that

the reform is only political window-dressing and most of it will be retracted in the face of opposition159. This

behaviour has a significant effect on the success of the reforms and the time it takes for the reform process.

If the government acts opportunistically in changing its policies, it sends signal of non-credible

commitments which discourages investments especially in durable assets (with high fixed and sunk

costs)160.

Huge investments in the retail sector will see gainful employment opportunities in agro-processing,

sorting, marketing, logistics, and front-end retail. At least 10 million jobs are likely to be created in the

next three years in the retail sector161. FDI in retail will help farmers to secure remunerative prices by

155 “Indian Retail Sector—An Outlook (2005-2010)”, Research and Consultancy Outsourcing Services, 2004. 156 M. Levy. and B. A. Weitz, Retailing Management, McGraw Hill Publishing Company Ltd, New York, 2003 157 S. Ganguly, ‘Retailing Industry in India’, 2004, Available at http://www

.researchandmarkets.com/reportinfo.asp?report_id=307524, Last accessed on 12October,2012 at 1420 hrs 158 ‘The final frontier for global retailing is beginning to open’, 2006, Available at http://www.indiaonestop.com/retailing.htm

, Last accessed on 11October,2012 at 1740 hrs. 159 "Coming to market", 2006, Available at http://www.economist.com /node/ 6795668?story_id=6795668, Last accessed on 04

October, 2012. 160 N.K. Malhotra, Marketing Research – An applied Orientation, Dorling Kindersely India, New Delhi, 2011. 161 ‘Innovation is key to sustain growth in FMCG sector’, 2005, Available at

http://www.indiainfoline.com/news/news.asp?dat=72291, Last accessed on 12October,2012 at 0910 hrs.

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eliminating exploitative middlemen. Foreign retail majors will ensure supply chain efficiencies162. Policy

mandates a minimum investment of $100 million with at least half the amount to be invested in back-end

infrastructure, including cold chains, refrigeration, transportation, packing, sorting and processing. This is

expected to considerably reduce post-harvest losses. There has been impressive growth in retail and

wholesale trade after China approved 100% FDI in retail163. Thailand has experienced tremendous

growth in the agro-processing industry. In Indonesia, even after several years of emergence of

supermarkets, 90% of fresh food and 70% of all food is still controlled by traditional retailers164. In any

case, organized retail through Indian ownership is permissible. Experience of the last decade shows small

retailers have flourished in harmony with large outlets165.

Macro-economic impact

1. Presence of Strong FDI

A strong FDI presence in retail sector is expected to not only boost the retail scenario, but also act

as a driving force in attracting FDI in upstream activities as well166. This will be more prominent in

food processing and packaging industries because many large retail chains also promote their own

brands by way of backward integration/contract manufacturing167.

i. Generation of Employment

The outcome of FDI in retail is noteworthy in terms of the benefits to the customer, the

generation of employment and the ability of more people generation X marketing168.

162 ‘The Retail Industry’, 2007, Available at http://www.ibef.org/industry/retail .aspx , Last visted on 10October,2012 at 1120

hrs. 163 David Barstow, ‘Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top Level Struggle’, The New York Times, 21

April, 2012. 164 E. Basker ‘Job Creation or Destruction? Labor Market Effects of Wal-Mart Expansion’, The Review of Economics and

Statistics, Vol. 87 Issue 1, 2005, p. 174-83. 165 Amitabh Mall, Kanika Sanghi, Abheek Singhi and Arvind Subramanian, The Tiger Roars: Capturing India’s Explosive

Growth in Consumer Spending, Boston Consulting, New Delhi, 2012. 166 H Brea-Solis, Ramon Casadesus-Masanell and Emili Grifell-Tatje, 2010,‘Business Model Evaluation: Quantifying

Walmart’s Sources of Advantage’, Available at http://www.webmeets.com /files/papers/SAEE/ 2010/461/Quantifying%20Walmart%20Sources%20of%20Advantage.pdf, Last accessed on 11October,2012

167 PM Chandran, Wal-Mart’s Supply Chain Management Practices, ICFAI ICMR Case Collection, 2003 168 Pankaj Ghemawat, Redefining Global Strategy, Harvard Business School Press, Cambridge, 2007.

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ii. Indian Retail Sector

According to the market research report, “Indian Retail Sector- An Outlook” (2005-2010)

prepared by RNCOS it is found that if the government allowed 26% of FDI into retail, the sector

would grow at an AAGR of 28%-32% much more than current Rs 27,000cr169.

iii. Unreasonable apprehension

If one looks at the experience of countries like China & the US, one gets a feeling that the

apprehensions of the left parties as well as the local retailers are misplaced170.

iv. Situation in United States of America

In America, which is by far the most matured retail market in the world, 95% of retailers are

store operations. Now they may not be as small as our grocery shops, but are still small when

looked at from the US perspective171. Some of the world’s largest retailers, like Wal-Mart, JC

Penny, Target, etc. are American. Notwithstanding the dominance by these large players, the

smaller ‘mom n pop’ stores still co-exist with them, though one may not find them in the same

vicinity as the big retailers. And, even though their market share is getting eroded slowly, they

still account for just under 50% of the total American retail trade172.

v. Situation in China

Similarly in China, the top 10 retailers (both domestic & International), had only 9.6% share of

the $628-bn retail market in 2004. This was up from 2.9% in 2000173.

vi. The Kirana Store Position

The Kirana store owners in India face a threat from the domestic players, who have aggressive

expansion plans for the future. In addition, few of the country’s large corporate houses like

169 N. Lichtenstein, ‘Wal-Mart: Template for 21st Century Capitalism’, New Labor Forum, Volume. 14 Issue1, , 2005, p. 21-

30. 170 Murali Patibandla, ‘Pattern of Foreign Direct Investment in Developing Economies: A Comparative Analysis of China and

India’, International Journal of Management and Decision Making, Volume 8 Issue 2-4, 2007, p. 356-77. 171 Price Water Cooper (2011): ‘Winning in India’s Retail Sector: Factors for Success’, Available at

https://list2.pwc.fr/assets/files/lettre_retail-and-consumer/pwc_winning_in_india_retail _sector_1.pdf, Last accessed on 05 October, 2012.

172 P. Ghemawat and Ken A. Mark, ‘The Real Wal-Mart Effect’, Harvard Business School Working Knowledge, 2006. 173 A. Ray, B. Das, B. Baral, J. Rico and R.S. Pramanik, FDI in Multi-Brand Retail in India, Indian Institute of Management,

Bangalore, 2012.

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Reliance, the Tatas and the Munjals, etc. too have mega plans for the retail sector174. In fact Reliance

has announced one. So, the grocery shopkeepers will feel the heat from these companies in any case,

which is a point the communists ally of the Government fail to appreciate175. Even in China, where

FDI in retail was allowed long time back, small vendors of vegetables and fruits coexist with the

hundreds of superstores, who are perceived to be the biggest threat to the Kirana shops176. Even in

India, where organized retailers have started mushrooming in big cities, the grocery shop owners

have not been wiped out177.

vii. Exposure to Global Supply Chain

Though one may argue that the supply chain efficiency can also be brought in by the local retailers

too, the moot point is that the global giants like Wal-Mart can substantially improve the fortunes of

India’s farm sector by directly linking it with global supply chain178. Remember, China’s agriculture

exports to the US nearly trebled from $3.86bn in 1999 to $9.96bn last year. India, on the other hand has

made only a marginal progress, with its farm exports to America rising from $3.19bn in 1999 to just

$4.28bn179.

viii. Draft ICRIER Report, 2004

A draft ICRIER report released in November 2004 called for 49% FDI in retail and opening up of the

sector in a phased manner over a period of five years. Fears about large-scale loss of jobs in the

unorganized retail sector due to inflow of FDI was unfounded, said the study. Job creation in the

organized sector would more than compensate for loss of jobs, and consolidation in the retail sector

would also push up economic growth. The report said that allowing foreign investment in retail would

lead to inflow of technical know-how, encourage large-scale production, increase employment and

investments and strengthen India’s position as a sourcing hub. Domestic companies would be able to

174 S. Robinson, ‘Food Fight’, 2007, Available at http://www.time.com/time/ magazine/article/0 9171,1626725,00.html, Last

accessed on 13October,2012 at 0950 hrs. 175 O Schell, ‘How Walmart Is Changing China’, 2011, Available at http://www.

theatlantic.com/magazine/archive/2011/12/how-walmart-is-changing-china/308709/#, Last accessed on 12October,2012 at 0520 hrs.

176 Narayan Basu, ‘Big Retailers not to effect mom ‘n’ pop store: ICREIR’, Financial Chronicle, May 27, 2008, Bangalore. 177 Murali Patibandla, Evolution of Markets and Institutions: A Study of an Emerging Economy, Routledge Taylor and Francis,

New York, 2006. 178 Arjun Swamp, "India's Retail Revolution", Blog Global Economy, March, 2007. 179 Singh Sukhpal, ‘Spencer’s Retail’, in M Harper, Inclusive Value Chains: A Pathway out of Poverty, World Scientific,

Singapore, 2010, 81-93.

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compete on a stronger footing in the international market on the strength of the experience gained from

working and competing with multinationals180.

ix. Generation of Employment

The retail sector can generate huge employment opportunities, and can lead to job-led economic

growth. In most major economies, ‘services’ form the largest sector for creating employment181. US alone

have over 12% of its employable workforce engaged in the retail sector. The retail sector in India

employs nearly 21 million people, accounting for roughly 6.7% of the total employment. However,

employment in organized retailing is still very low, because of the small share of organized retail business

in the total Indian retail trade. A modern retail sector has the potential of creating over 2 million new jobs

within the next 6 years in the country (assuming only 8-10% share of organized retailing), according to

Arvind Singhal, CMD, KSA Technopak India Ltd182. A strong retail front-end can also provide the

necessary fillip to agriculture & food processing, handicrafts, and small and medium manufacturing

enterprises, creating millions of new jobs indirectly183. Through its strong linkages with sectors like

tourism and hospitality, retail has the potential of creating jobs in these sectors also184.

x. Planning Commission’s Views

Though the Planning Commission has identified retail as a prospective employment generator, in

order to strengthen the multiplier effect of the growth in organized retailing upon the overall employment

situation, a pro-active governmental support mechanism needs to evolve for nurturing the sector185. Issues

like FDI in retail, allocation of government-controlled land on more favourable terms, strong political and

bureaucratic leadership, etc., need to be addressed adequately186.

180 Bijoor Harish, ‘The Sin of Retail’, Business Line,, 2008, Available at

http://www.thehindubusinessline.in/catalyst/2008/06/12/stories/2008061250170400.htm, Last accessed on 14October,2012 at 1540 hrs.

181 V.Namakumari Ramaswamy. , Marketing Management Global Perspective Indian Context, Macmillan Publishers India, New Delhi, 2009.

182 Rosemary Varely and Mohammed Rafiq, Principles of Retail Management, Palgrave, London, 2003 183 Sandeep R.S.Roy, Opportunity in Indian Retail Macmillan, New Delhi . 184 Patibandla Murali ()‘Structure, Organizational Behavior and Technical Efficiency’, Journal of Economic Behavior and

Organization, Vol.34, Issue3),p. 431-42. 185 Department of Economics and Statistics, Statistical Outline of India2002-03, Tata Service Limited, New Delhi, 2004 186 Swapana Pradhan , Retailing Management: Text & Cases, Tata Mcgraw Hill Publishing Limted, New Delhi, 2009n.

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xi. FICCI Views

Mr. Ravi Raheja, Chairman, FICCI Retailing Committee, while underlining the need for FDI in the

sector pointed out that foreign investment would generate competition and not adversely affect the

small retailers187. Ultimately, the consumers would stand to benefit in terms of a wide range of

products of world-class quality and lower prices.

xii. Inflation Control

Industry trends for retail sector indicate that organized retailing has major impact in controlling

inflation because large organized retailers are able to buy directly from producers at most competitive

prices188. World Bank attributes the opening of the retail sector to FDI to be beneficial for India in

terms of price and availability of products as it would give a boost to food products, textiles and

garments, leather products, etc., to benefit from large-scale procurement by international chains; in

turn, creating jobs opportunities at various levels.

Impact Upon Local Dealers In Unorganised Retail – Negligible Or Substantial?

i. Situation of Mom-and-Pop stores

At present, mom-and-pop stores cater to 95% of the total market. They have unique advantages,

like home-grown processes, skills in retaining customers, nearness, convenience and services.

However, global retailers investing in new markets have not hampered local retailers. The kirana shops

in large parts of the country will enjoy built-in protection from supermarkets because the latter can

only exist in large cities. The Kirana shops can get goods from the large outlets (which are present in

large towns and cities only) and sell it to their customers so that their profit margin would increase. For

instance, FDI in telecom did hit urban STD booth operators, but most of them have now been

converted to kiosks selling mobile connections and SIM cards.

187 S.R. Subba Rao, “Organised Retail Sector in India: Growth and Impact on the Economy”, The Journal Of Indian

Management and Strategy, Vol. II, No.2 April – June ,2006. 188 Julia Hanna, Ground floor opportunities for retail in India, 2004, Available at www.hbswk.hbs.edu, Last accessed on

14October,2012 at 1740 hrs.

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ii. Reliability and Profitability of Markets

They promote the linkage of local suppliers, farmers and manufacturers, no doubt only those who

can meet the quality and safety standards, to global market and this will ensure a reliable and profitable

market to these local players189.

iii. Inflow of Real Competition in the Market

By allowing 51% foreign investments in the Indian market, it will teach the local retailers about

real competition and help in insuring that they give better service to Indian consumers. It is obviously

good for local competition. The kirana stores operate in a different environment catering to a certain

set of customers and they will continue to find new ways to retain them.

iv. Retention of domains by smaller traders

In the Indian policy debate, a contrasting view is that growth in organized retail is expected to

benefit producers, without (significantly) hurting smaller traders and that they may preserve their

smaller domains without being swallowed up by large retailers190.

Impact upon Agriculture

i. The vicious circle of poverty for farmers

As long as the foreign players such as Wal-Mart do pricing based on long run average costs, the

benefits will accrue to consumers and farmers. Small and medium farmers are trapped into a vicious

circle of poverty because of inefficient input and output markets especially distress sales at the time of

harvest owing to underdeveloped agricultural supply chain in India. Since the independence of India,

India’s government systematically failed in solving this vicious circle. As a matter of fact, it made it

worse by bad economic policies. A simple example is banning of cotton exports and causing suicides

of farmers because the mill sector is better organized than small farmers in capturing the government

189 Patibandla Murali and Bent Petersen, `Role of Transnational Corporations in the Evolution of a High-Tech Industry: the

Case of India’s Software Industry- A Reply’, World Development, Vol. 32 Issue 3, 2004, pp. 561-66. 190 Arpita Mukherjee & Nitisha Patel ,FDI in Retail Sector: India , Academic Foundation in association with ICRIER and

Ministry of Consumer Affairs, Food and Public Distribution(Govt. of India), New Delhi, 2005..

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policies191. Another example is inter-state barriers of agricultural trade which depresses prices in the

regions which are productive which means punishing the farmers who are productive.

ii. Better infrastructure

Facilitating the Indian and foreign players to generate the supply chain infrastructure, farmers can be

made to be better off. The growth dynamics of generation of efficient supply chain are that it increases

farmers’ surplus and agricultural productivity which releases people from agriculture that have to be

absorbed by the manufacturing. The supply chain will also result in the growth of manufacturing (home and

export market expansion) which would absorb the people released from agriculture provided that the

agricultural workers are imparted with basic literacy skills.

iii. Elimination of middlemen

The main losers would be the middlemen rather than small traders. Small traders retain the advantage of

low overhead costs and take advantage of geographic distribution and density of consumers. Any

technological and organizational changes have disruptive effects - some losers in the short run and larger

number of gainers in the long run. As the presence of large retailers increases, government tax revenues will

increase which can be used to compensate the losers. It is unlikely that centuries old entrepreneurial

dynamism of India’s bazaars will be seriously dented by the advent of large retail firms in India192. The

farmers will benefit from FDI as they will be able to get better prices for their produce. The elimination of

the intermediate channels in the procurement process will lead to reduction of prices for consumers193.

iv. Backward linkages with agriculture sector

Those who are against FDI in retail are also missing an even bigger point. It concerns with the backward

linkages with the agriculture sector, efficiency in supply chain that foreign retailers can bring and the huge

opportunity in farm exports. India can attain huge savings by merely improving the supply chain. Some 20-

40% of all fruits & vegetables grown in the country go waste due to poor transportation, storage and

handling infrastructure. Also, for every rupee that an Indian consumer spends, the farmer gets only 20-22

191 “R-day reforms: Single brand retail opened to foreign funds”, Indian Express, January 25 2006. 192 Patibandla Murali and Trilochan Sastry ‘Capitalism and Cooperation: Cooperative Institutions in a Developing Economy’,

Economic and Political Weekly, Vol. XXXIX Issue27, 2004, pp. 2997-3004. 193 Arpita Mukherjee, "Working Paper No. 80, Distribution Services: India And The Gats 2000 Negotiations", Indian Council

For Research On International Economic Relations, 2002.

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paise, as against 70-80 paise in developed markets. If large retailers, whether domestic or foreign, directly

source through farmers, consumers will have to pay less and the retailers will get higher margins.

Impact upon demand-supply gap:

i. Entry of foreign retailers

In political economy terms, the entry of foreign retailers affects different stakeholders on the demand

and supply side. Improvement in supply chain, especially for food items, across the country benefits low

income groups because their major part of the consumption basket is food.

ii. Increase of supply to small and medium farmers

Secondly, it will increase surplus to small and medium farmers. Low income consumers on the demand

side and small and medium scale farmers on supply side are less cohesively organized in influencing

government policies than wholesalers, middlemen, and Indian large retailers. Indian large retailers (such as

the newly entrenched interests like the Reliance fresh) may block the entry of foreign players with short-

term calculations of their interests. However, they can benefit from externalities arising out of the entry of

foreign players if the foreign players invest significant resources in developing the supply chain and improve

the know-how of large number of vendors. This took place in the case of the automobile sector. Apart from

this, some of the wholesalers and small Kirana stores adopted innovative practices in procuring and selling

goods in response to competition from the large retailers which will improve the overall organization of the

markets194.

Impact in terms of better availability to consumers

i. Availability of better technology

The global retailers have advanced management know how in merchandising and inventory

management and have adopted new technologies which can significantly improve productivity and

194 Patibandla Murali and Bent Petersen, ‘Role of Transnational Corporations in the Evolution of a High-Tech Industry: the

Case of India’s Software Industry’, World Development, Vol. 30 Issue 9, 2002, 1561-77.

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efficiency in retailing195. Entry of large low-cost retailers and adoption of integrated supply chain

management by them is likely to lower down the prices196.

ii. Lowering of prices

Lowering of prices will not be a disadvantage, because if foreign players are present in India it

makes the availability of goods at cheaper prices. This arises because the foreign players will have

good technology, supply chain etc. that makes the product cost cheaper. So this can be availed by the

Kirana shops (i.e. buying the goods from the large retailers and selling it to their customers).

Moreover, as the price decreases, the purchasing power of the people will also increase. So the issue of

lowering prices will not be a disadvantage, it will always be an advantage197.

iii. Access to larger financial resources

FDI will provide access to larger financial resources for venture in the retail sector and that can lead to

several of the other advantages. The larger supermarkets, which tend to become regional and national

chains, can negotiate prices more aggressively with manufacturers of consumer goods and pass on the

benefit to consumers. They can lay down improved and tighter quality standards and ensure that

manufacturers adhere to them. The supermarkets offer a wide range of products and services, so the

consumer can enjoy single-point shopping. FDI in retailing can easily assure the quality of product, better

shopping experience and customer services.

Others

i. Development of supply chains

As multinational players are spreading their operation, regional players are also developing their supply

chain differentiating their strategies and improving their operations to counter the size of international

players. This all will encourage the investment and employment in supply chain management198.

195 M. Rehman, , ‘Impact of FDI in Retail in India’ 2006, Retrieved, from http://ezinearticles.com/?Impact-of-FDI-in-Retail-

in-India&id=380228, Last accessed on 04 Ocxtober, 2012. 196 Michel Chossudovsky, The Globalisation of Poverty: Impacts of IMF and World Bank Reforms, Zed Books Limited,

London, 1997. 197 Murali Patibandla, Deepak Kapur and Bent Petersen : ‘Import Substitution with Free Trade: The Case of India’s Software

Industry’, Economic and Political Weekly, 8 April, 2000, pp. 1263-70. 198 A. Mukherjee, & N. Patel, , FDI in Retail Sector: India, Academic Foundation in association with ICRIER and Ministry of

Consumer Affairs, Food and Public Distribution(Govt. of India), New Delhi, 2008

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ii. Presence of joint ventures

Joint ventures would ease capital constraints of existing organized retailers. FDI would lead to

development of different retail formats and modernization of the sector199. FDI would lead to expansion of

opposite sell formats as good as modernization of a sector200.

iii. Potential of Retail Sector

As foreign investors exploring their potentials in the retail sector are keen on developing malls

in India, the size of organized retailing is expected to touch $30 billion by 2010 or approximately

10 per cent of the total. This has initiated market-entry announcement from some retailers and has

signalled to international retailers about India‘s seriousness in promoting the sector201.

iv. Suitability of India

India is already a key sourcing country for some global retailers. The entry of foreign retailers

is likely to further promote India‘s manufacturing and export sectors, leading to a double bonus

for the economy.

v. Social agenda

Allowing FDI in multi-brand retail can give a big push to the country‘s social agenda, too, and

has the potential to even positively impact and promote tourism, computerisation, systemisation,

government‘s ability to influence trade when required, address issues such as inflation (since data

available becomes more reliable/ accurate and trade gets increasingly organized), reduction of

black economy, control over food hygiene, better food quality assurance and accountability,

increased direct and indirect employment, push to real estate and availability of better managerial

talent, etc. Also, the retail revolution can change country‘s perception across the globe,

integrating it seamlessly into world trade and economy.

199 United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), Transnational Corporations and

Primary Commodity Exports from Asia and the Pacific, Bangkok, 1981. 200 ‘Forms of Foreign Capital Flowing into India’, Available at http://business.mapsofindia.com/fipb/forms-foreign-capital-

flowing.html, Last accessed on 10 October, 2012 201 Global Economic Prospects and the Developing Countries, World Bank, New York, 1994, p. 41.

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PART 5: POTENTIAL NEGATIVE IMPACT OF INDIAN RETAIL FDI

It is believed that this move will lead to large scale loss of self-employment because of intense

competition heat for unorganized retailers. International experience shows supermarkets invariably

displace small retailers. Small retail has virtually been wiped out in developed countries like the USA,

and in Europe. South East Asian Countries had to impose stringent zoning and licensing regulations to

restrict growth of supermarkets because small retailers were getting displaced.

India has the highest shopping density in the world with 11 shops per 1000 people. It has 1.2 crore

shops employing over 4 crore people; 95% of these are small shops run by self-employed people202.

Global retail giants will resort to predatory pricing to create monopoly/oligopoly. This can result in

essentials, including food supplies, being controlled by foreign players. Fragmented markets give

larger options to consumers203. Consolidated markets make the consumer captive. Permitting the

foreign players with deep pockets will lead to consolidation. International retail does not create

additional retail markets, it merely displaces existing markets. Jobs in the manufacturing sector will be

lost because structured international retail makes purchases internationally and not from domestic

sources.

Political control by pumping in enormous FDI into the country will lead to re-colonization that we had

during the pre-independence period. The indigenous trading community will be adversely affected.

This will be nothing but an enactment what this country had already experienced during the alien rule.

Control of manufacturing sector and biasing the production of goods will also enable pricing policy

that will be decided by the marketers.

There will be destruction of cottage industries as they will have no appreciable marketing strategies or

powerful retail outlets. A purchase phobia will be created in the minds of middle class people and

make them credit dependent and thus trying to push them in debt trap. Entry of foreign and enemy

agents inside India in the garbs of merchants will result in destabilizing the security of the country.

202 ICICI Property Services-Technopak, “India Retail Real Estate: The Read Ahead”, ICICI Property Services Technopak

White Paper, 2007-08. 203 Mandeep Singh, “Globalization in retailing; Causes, Impact and Trends in India", National Seminar On Foreign Direct

Investment in Retail Business, Feb. 18, 2006 in Guru Nanak Khalsa College, Karnal.

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The hypermarket concept will further increase the gap between haves and have not. Thus the

formation of an egalitarian society will only be a dream. The aggression of the developed countries

against the underdeveloped or poor countries will be more pronounced. The developed countries

with a better economy will register for all patents and rights in the international market and make the

ill equipped and poor countries fully dependent on them. The wealth of the country is likely to be

siphoned off to alien countries without our knowledge or by circuitous means.

Macro Economic impact

i. Per capital income

India's per capita income is now $800204. This is per capita income through the Atlas method,

using official exchange rates for conversion. It is not per capita income using purchasing power

parity, which adjusts exchange rates for purchasing power of currencies205. From the World

Development Indicators database, we know India's PPP per capita income was $3,100 in 2004,

leading to a rank of 145th out of 208 countries ranked206.

ii. Purchasing Power Parity

Understandably, PPP blows up incomes of developing countries, in relative terms. If we find a

compromise in per capita income, we may assume it nearer to $1000207. However, about 30% of the

population in India is below poverty line and they cannot afford to have even one square meal a day.

The concepts of FDI or Hypermarkets are beyond their reach. Instead, this phenomenon will bring in

spiralling effect on prices of consumer goods due to which the population below poverty line may

increase208.

204 R. Banga, "Working Paper No. 154, Trade and Foreign Direct Investment in Services : A Review” Indian Council For

Research on International Economic Relations, 2005. Available at http:\\www.icrier.res.in/wp154.pdf, Last accessed on 14 October, 2012.

205 E. Basker, . "Working Paper No. 0215 Job Creation or Destruction? Labor-Market Effects of Wal-Mart Expansion”, Department of Economics, University of Missouri,2004.

206 B. Carver, , C. He and J. Hister, "India's Textile Industry : What will Happen When the Quotas are Lifted ?" Final project presented at GTTL Conference on June 2, 2004 at the University of Washington.

207 S. Daunfeldt, ., Niklas Rudholm and Fredrick Bergstrom . “Umea Economic Studies No. 599, Entry into Swedish Retail and Wholesale Trade Market”, Department of Economics, Umea University, 2002..

208 M. Bertrand, and Francies Kramarz, " IZA Discussion Paper No. 415, Does Entry Regulation Hinder Job Creation ? Evidence from the French Retail Industry", Institute for the Study of Labor.(IZA), 2002

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Micro economic impact

i. Economies of Scale

The global players have economies of scale and are perfect in cost cutting and providing the

consumer the best at lowest price which still is a major challenge for Indian retail firms. The way

they perform their process itself builds an entry barrier for other new firms209.

ii. Brand name

They bring with them world class products which have high quality and a highly valued brand

name. The domestic brands don’t have that charm and attracting power as of global brands210.

iii. Technology

Global players are highly advanced in technology. The tools, equipments, kind of warehouses

they use, their way of performing processes are highly advanced and cannot be compared with those

used by Indian retail firms, which in turn provides better services and better quality products even in

categories like perishable food etc.

iv. Attract skilled employees

The work culture of global players is quite different from those of Indian players. They believe

in earning profits by cutting costs as much as possible and at the same time are conscious towards

career of their employees211. Their approach is more oriented towards achieving ends rather than

means. Attractive salary and high incentives can also attract skilled employees towards global

players which is also a threat for big Indian retail firms.

v. Better infrastructure

Better storage facilities, better transportation medium and high investment can pose another threat

to Indian retail firms which can hardly match the capabilities of giants on their own212.

209 P.S. Birthal, ., P.K. Joshi, and A. Gulati, Vertical coordination in high value commodities. In From plate to plough:

Agricultural diversification and its implications for the smallholders in India. Submitted to Ford Foundation, New Delhi, by International Food Policy Research Institute, Washington DC, 2006.

210 A. Desai, . The Price of Onions, Penguin Books, New Delhi,1999 211 Dabra Johnson, Book. Review of "Investment Analysis in Emerging Markets", Transnational Corporations, Vol. 14, No.

2, Aug. 2005. 212 D. Farrell, . "The Case for Globalisation : The Results of McKinsey's Latest Study of the Pros and Cons of Emerging

Market Foreign Investment," The International Economy, Winter Issue, 2004 Available at http:\\www.findarticles.com/p/articles/mi m2633/is 118 / ai 113564062, Last accessed on 04 October, 2012

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vi. Joint ventures

Global players may not prefer to enter into joint ventures with Indian firms and may also close

down the existing ventures in wholesale and single brand which may adversely affect the Indian firms.

This is possible when 100% FDI is allowed in multi-brand retail.

1. Loss of jobs from unorganised retail

i. Unfair Competition

Opening up FDI may lead to unfair competition and ultimately result in large-scale exit of

incumbent domestic retailers, especially the small family-owned business. Given the large unorganized

component of the retail sector, this is a major concern213. Small shops in Mumbai are adversely

affected, in terms of falling sales, by the growing influence of shopping malls in the city. If

employment too is adversely affected, it is not clear how organized retail may absorb this displaced

labour214.

ii. Kirana Stores

The main fear is that the ingress of MNC Giants like Wa1mart, Tesco and Carrefour will throw the

hundreds of thousands of the neighbourhood Kirana store owners out of business, leading to millions

of job losses215.

iii. Unorganised retail sector

It may be estimated that about 5 crores of population are employed at present on unorganized retail

sector and this population will be hit badly if the mall system is introduced. This will again add

unemployment problem to the common labour market216.

213 A. Knorr, and A Arndt. "Why did Wal-Mart fail in Germany?" Paper presented at the Hawaji International Conference on

Business, June 18-21, 2003.A.Mukherjee, "ICRIER Working Paper No. 80, Distribution Services: India and the GATS 2000 Negotiations, ", 2002.

214 T. Reardon,, C.P. Timmer, C.B. Barrett and J.A. Berdegue "The Rise of Supermarkets in Africa, Asia and Latin America," American Journal of Agricultural Economics, Vol. 85, No. 5, pp. 1140-1146, December 2003.

215 W.G. Saab, W.G. and Luiz Carlos Perez Gimenez ,"Current Aspects of Food Retailing within Brazil and at International Level," The Brazilian Development Bank, 2000, Available at http://www.bndes.gov.br/ english/studies/studies02.pdf, Last accessed on 6 October, 2012.

216 Vedpuriswar, A.V., (2001). "The Globalisation of the Retailing Industry," Chapter from the Book - The Global CEO, ICFAI Website: http://www.vedpuriswar.org/book/bookoverview.

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iv. Agricultural aspect

The agricultural employees are part timers in the system of rural marketing and their case will

become worse and they will go jobless for about 6 months period in a year during which they practice

marketing their agricultural products217.

v. Negative impact of loss of intermediaries

Also, by reducing the number of intermediaries, organized retailing will lead to some job

displacement218.

vi. Literacy

It is said that FDI would provide employment opportunities. But, the fact is that they cannot

provide employment opportunities to semi-illiterate people219. Though they can provide employment

opportunities like drivers, watchman etc. but this argument gets more attention because in India semi-

illiterate people in quiet large in number220.

Predatory pricing leading to losses to SMEs and Small Scale Industry

i. Domestic players

Another concern is with regard to the pricing power of the global retail giants which the

communists say will squeeze out the suppliers and hurt farmers. The left are also worried that the

foreign retail majors will hurt domestic players with the practice of predatory pricing and become

monopolies.

ii. Monopoly position

Due to financial clout of the global retailers, they often sell below cost in the new markets. Once

the domestic players are wiped out of the market foreign players enjoy a monopoly position which

allows them to increase prices and earn profits221.

217 N. Wrigley, and A. Currah "Globalizing Retail and the E-conomy: The Organizational Challenge of E-Commerce for the

Retail TNCs, "International Review of Retail and Distribution Management, 2003 218 Philip Kotler and Kevis Lan Kelles, "Managing Retailing, Wholesaling and Logistics" Marketing Management, Pearson

Prentic Hall, Delhi, 2006. 219 D. Dutt,, ‘An outlook for Retailing in India, Vision2005’ (Form a presentation by KSA Technopak at MDI Gurgaon in

January and February, 2004). 220 Philip Kotler, Marketing Management,., Prentice Hall of India Pvt Ltd, New Delhi, 2000 221 P. Powers,. "Distribution in China: The End of the Beginning, "The China Business Review, July-August 2001.

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iii. Hyper marketing and super marketing

There are about one crore small time traders whose investments are within the range of a few

thousands to one crore. These traders are having a base in urban, semi urban and in rural areas. The

hyper marketing and super marketing concepts will kill them, as they cannot afford to compete with

the giants as far as their marketing presentation, product delivery and pricing domination. Once such

an unequal war is fought against the parties, the destruction of the small traders is certain222.

iv. Pepsi – Cola – Parle Case

The best example is the war that was fought between the indigenous soft drinks manufacturers and

the international giants Pepsi and Coke. Both the erstwhile Janatha Government drove out the

companies Pepsi and Coca Cola in 1977-78 that re-entered in India during 1989-90. During the re-

entry stage, the giants found that comfortable market was enjoyed by the indigenous manufacturers

such as Parle etc. The Pepsi and Coke found that the pricing strategy will give a blow to the Indian

software marketers and they started to sell 250/300 ml bottles at the price of Rs.5/- whereas the Indian

marketers were selling 200 ml at the cost of Rs.6/-. This aggravated their markets and the hot and

chirpy taste of the foreign giants made a trick in the psyche of the consumers. The tingly taste was

liked along with a lowered price for the commodity and that was the death bell for the local

manufacturers. The Pepsi and Coke amalgamated or purchased all the Indian manufacturing companies

along with their bottling units and converted them as its own marketing and manufacturing points.

v. Higher lending rates

Indian retailers have argued that since lending rates are much higher in India, Indian retailers,

especially small retailers, are at a disadvantageous position compared to foreign retailers who have

access to international funds at lower interest rates. High cost of borrowing forces the domestic players

to charge higher prices for the products223.

222 Madona Devasahayam, , ‘Big Deal’, Praxis Quarterly Journal on Management, August, Vol.2, No.2., 1998 223 R. Rastogi,. “India : Country Report on E-Commerce Initiatives”, Department of Information Technology, Ministry of

Communication and Information Technology, India, 2002 Available at http://www.unescap.org/tid/ publication/part three2261_ind.pdf, Last accessed on 01 October, 2012

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Cooperative Movement v. Foreign Funded Organised Retail

i. Retailers’ Cooperatives There is a need for setting up of Retailers Cooperatives which functions as distribution centres

and warehouses. It will help the retailers to buy the products they want directly from original

manufacturers in bulk quantity.

ii. Definition of Cooperative Stores

Cooperative stores in India are the result of the cooperative movement that can be traced to the

Pre-independence period. They emerged as a reaction to the feudal system & attempted to place the

fruit of labour in the hands of the producer himself to make himself relevant. A consumer

cooperative is a retail institution owned by member customers. A consumer cooperative is generally

formed either because of dissatisfied consumers who's needs are not fulfilled by the existing retailers

or on account of initiative by enlightened consumer.

iii. Mother Dairy Case

Mother Dairy was established in 1974 with a view of making liquid milk available to city

consumers. It is set up by National Dairy Development Board under first phase of operation flood

programme224. Mother Dairy also markets dairy products such as ice cream, dahi, lassi, butter

cheese dairy whitener, Dhara range of edible oils and Safal of fresh fruit and vegetables frozen

vegetables and fruit juices225.

Mother Dairy Model : Mother Dairy follows cooperative models. This model directs the

formation of federation, by the help of village level societies and district level unions, whose

prime responsibilities is the marketing of milk and milk products.

Pricing Strategy : Mother dairy ensures that farmers get market price by offering quality produce

and also provide the produce to the consumers at reasonable prices through minimizing costs.

224 Panle Jia, “What Happens When Wal-Mart Comes to Town: An Empirical Analysis of the Discount Retailing Industry,”

Econometrica, Vol. 76, No. 6, 2008, pp. 1263–1316. 225 Anuradha Kalhan, “Impact of Malls on Small Shops and Hawkers,” Economic and Political Weekly, Vol.42, No.22, 2007,

pp.2063-66.

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Challenges Faced: Company is facing competition from other organised retailers and increased

imports. The quality of milk, low yields, falling cattle health are some major challenges faced by

company.

iv. Advantage to small farmers

The organizational form of rural producers as they interact with Big Retail is still not being

done. Small farmers can undertake contract farming, but they have no bargaining power and will

be at the mercy of their buyers. Small producers need to be organized into farmer companies or

producer cooperatives that can deal with Big Retail from a much stronger position so that their

interests are not lost226.

Others

i. Premature Indian retailers

Indian retailers have yet to consolidate their position227. The existing retailing scenario is

characterized by the presence of a large number of fragmented family owned businesses, who

would not be able to survive the competition from global players.

ii. Upsetting import balance

The examples of south-east Asian countries show that after allowing FDI, the domestic

retailers were marginalized and this led to unemployment228. FDI in retailing can upset the import

balance, as large international retailers may prefer to source majority of their products globally

rather than investing in local products229.

iii. Margin of unorganised players

Some fear that, if FDI is allowed in retailing then it would result in lowering of prices because

FDI will result in good technology, supply chain, etc230. If prices were lowered then it would lower

the margin of unorganized players231. As a result the unorganized market will be affected232.

226 Jerry A Hausman,. and Ephraim Leibtag, . “Consumer Benefits from Increased Competition in Shopping Outlets: Measuring

the effect of Wal-Mart”, Journal of Applied Econometrics, Vol. 22, No. 7, 2007, pp. 1157–1177. 227 Anuradha Kalhan, and Martin Franz, “Regulation of Retail: Comparative Experience,” Economic and Political Weekly,

Vol.44, No.32, 2009, pp.56-64. 228 David Neumark, Junfu Zhang, and Stephen Ciccarella,. “The Effects of Wal-Mart on Local Labor Markets,” Journal of Urban

Economics, Vol. 63, No. 2, 2008, pp. 405-430. 229 Gupta, R., ‘Pharma retailing gains momentum in India’, www.galtglobal reveiw.com 230 E.A.S Sarma, , “Need for Caution in Retail FDI,” Economic and Political Weekly, Vol.40, No.46, 2005, pp.4795-98.

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iv. Loss of foreign investment

FDI in retail trade would not attract large inflows of foreign investment since very little

investment is required to conduct retail business. Goods are bought on credit and sales are made on

cash basis233. Hence, the working capital requirement is negligible. On the contrary; after making

initial investment on basic infrastructure, the multinational retailers may remit the higher amount of

profits earned in India to their own country234.

v. Loss of culture

Loss of cultural and ethical values happens due to more influence of the other cultures235.

vi. Infant industry argument

A concern raised by domestic incumbent firms in the organized retail sector is an infant industry

argument: that this sector is under-developed and in a nascent stage. In this view, it is important that

the domestic retail sector grow and consolidate first, before being exposed to foreign investors236.

Domestic firms in this sector oppose liberalizing retail to FDI as they view multinational companies

as direct competitors237.

vii. Findings of UK Competition Commission 2000

The UK Competition Commission found in a 2000 study of major retail chains including Marks

& Spencer, Sainsbury and Tesco that “the burden of cost increases in the supply chain has fallen

disproportionately heavily on small suppliers such as farmers.”238 Apart from prices, the report states

that smaller farmers came under severe pressure from supermarkets due to the latter’s requirement

231 R.J. Volpe, R. J. and N. Lavoie, . “The Effect of Wal-Mart Supercenters on Grocery Prices in New England,” Applied

Economic Perspectives and Policies, Vol. 30, No. 1, 2008, pp. 4 - 26. 232 Department of Industrial Policy and Promotion, 2010. “Foreign Direct Investment (FDI) in Multi-Brand Retail Trading,”

Discussion paper. Available at http://www.dipp.nic.in, Last accessed on 06 October, 2012 233 Arindrajit Dube, , Lester, T. William and Eidlin, Barry,. “Firm Entry and Wages: Impact of Wal- Mart Growth on Earnings

Throughout the Retail Sector.”, 2007 Available at http://ssrn.com/abstract=841684, Last accessed on 05 October, 2012. 234 Emek Basker,. “Job Creation or Destruction? Labor Market Effects of Wal-Mart Expansion,” Review of Economic Statistics,

Vol. 87, No. 1, 2005, pp. 174-183. 235 K. Gupta,D. Roy, and H. Vivek, Do small farmers gain from participation in producers’ organizations? The case of

Milkfed Dairy Cooperative in Indian Punjab. In From plate to plough: Agricultural diversification and its implications for the smallholders in India, 2006 Submitted to Ford Foundation, New Delhi, by International Food Policy Research Institute, Washington DC.

236 Emek Basker, 2005. “Selling a Cheaper Mousetrap: Wal-Mart's Effect on Retail Prices,” Journal of Urban Economics, Vol. 58, No. 2, 2005 pp. 203-229.

237 Mohan Guruswamy, , Kamal Sharma, Jeevan Prakash Mohanty, Thomas J Korah, “FDI in India’s Retail Sector: More Bad than Good?” Economic and Political Weekly, Vol.40 No.7, 2005, pp.619-23.

238 L.,J.Foster, Haltiwagner and C.J. Krizan ,The Link between Aggregate and Micro Productivity Growth Evidence from Retail Trade, Centre for Economic Studies, 2002

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for large volumes of each product, pushing farmers to grow single crops rather than the multiple

produce they would usually grow to minimise risk239.

viii. Incumbent retailers

Observed supermarket practices too may work against the interests of incumbent retailers, even

organized ones. Supermarket chains routinely sell some products at lower than market prices, which

appears to benefit consumers, but this puts pressure on small local stores and has an adverse impact

on low-income and elderly consumers who rely on local shops240. Supermarkets also tend to alter

prices in different branches adjusting to local rivals, “price-flexing” as the UK Competition

Commission termed it, again working to the disadvantage of local mom-and-pop stores241.

239 Emek Basker, . “The Causes and Consequences of Wal-Mart's Growth.” Journal of Economic Perspectives, Vol. 21, No.3,

2007, pp. 177-198. 240 Jerry A Hausman,. and Ephraim Leibtag,. “NBER Working Paper No. w10712CPI Bias from Supercenters: Does the BLS

Know that Wal-Mart Exists?”, 2004. 241 Keith Head, Ran Jing, and Deborah L. Swenson, 2010. “NBER Working Paper No. 16288 From Beijing to Bentonville: Do

Multinational Retailers Link Markets?”.

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PART 6: PRELIMINARY CONCLUSION

This concept note has been prepared to initiate this Working Paper on FDI in Multi-Brand Retail. This

concept note is for prospective contributors to know the basic ideas and features of this policy.

RGNUL-IPAN Research Team has done this preliminary research to take forward this debate. We

have dealt comprehensively with all the associated factors which might impact or get affected by this

retail sector policy.

After this preliminary insight into the issue, few generalised conclusions which can be inferred are

as follows:

Retail sector of any economy is one such area which is primarily governed by the local

factors, preferences and conditions for growth. Thus, foreign investment in this sector largely

has to adapt to the local conditions unlike other core areas like steel, mining, power,

manufacturing etc where large foreign players have been able to modify the local economic

environment according to their needs and suitability.

Retail Sector essentially goes according to the consumer psychology and not by the economic

prowess of any industry player.

India is a highly complex and unique consumer market which is not at all comparable to any

other economy in terms of its consumer preferences, consumer-retailer relationship and

retailer margin patterns.

Most importantly, this policy in question at this stage of initial proposal cannot be stated to be

highly beneficial or highly detrimental to the Indian economy. It will have a long gestation

period before any such conclusion can be made out. The claims of govt. as well as the

opposition are highly ill-founded and exaggerated.

These preliminary conclusions are purely on the basis of an initial study. We had received highly

critical contributions which either establish these notions or completely negate these general inferences. The most comprehensive contributions have been selected to be published here after. Specific case studies/questionnaires/interviews/impact evaluation reports have been included in

the papers further compiled below.

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______________________________________________________

Disclaimer: Contributions published hereafter are a compilation of selected papers submitted by various authors. The views expressed here are of the individual contributors and do not reflect those of International Policy Analysis Network (IPAN) or RGNUL.

The publishers and editors will not be responsible for any loss arising out of the information provided in this report. Readers are advised to exercise personal discretion and verification.

_______________________________________________________

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FDI IN MULTI BRAND RETAIL IN INDIA: ISSUES, OPPRTUNITIES

AND CHALLENGES

Ananda Chakraverty1

Sudipto Mitra2

ABSTRACT

Recently, there has been a huge uproar at the national front on the Indian Government's decision to

allow 51% FDI in Multi-Brand Retail in India. Thereby, turning into a hot goblet of national issue

widely debated for a significant amount of time. This paper deals with the contemporary issues,

opportunities and challenges of such policy decision. The paper starts by analyzing the reform

scenario which accelerated the opening up of the retail sector to foreign investment. Thereafter,

arguments in favour of and against FDI in retail have been propounded and analyzed. The benefits,

scope and imminent challenges of FDI in Multi-Brand Retail forms the crux of the paper. It concludes

with the authors’ discerning views on the issue analysing this crucified matter from the standpoint of

both a retailer and a consumer.

Key Words: FDI, Multi-brand Retail, India.

1 Student of the second year pursuing B.A. LL.B (Hons.) from Hidayatullah National Law University, Raipur, Chhattisgarh. 2 Student of the second year pursuing B.A. LL.B (Hons.) from Hidayatullah National Law University, Raipur, Chhattisgarh.

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1. FDI in Retail: Arguments For and Against

The global retailers have advanced management dexterity in merchandise and stock management and they

have an added pro for innovative technology which not only improves productivity but also efficiency in

retailing. FDI in retailing also underscores entry of large low-cost retailers and adoption of integrated supply

chain management by them is likely to lower down the prices.3 There is a conspicuous establishment of

quality benchmark ensuring a good shopping experience. As multinational units branch out in their

operations, regional competitors tend to expand their horizons in terms of quality and competency to counter

the growth of international players. This all will encourage the investment and employment in supply chain

management and this will ensure a reliable and profitable market to these local players.4 Joint ventures

would ease capital constraints of existing organized retailers5 leading to expansion of opposite sell formats

as good as modernization of a sector.6 Industry tendencies for retail sector designate that organized retailing

has foremost impact in controlling inflation because large organized retailers are capable of buying

unswervingly from producers at competitive most prices.

As foreign investors exploring their potentials in the retail sector are keen on developing malls in India, the

size of organized retailing is expected to touch $30 billion by 2010 or approximately 10 per cent of the total.

This has initiated market-entry announcement from some retailers and has signaled to international retailers

about India‘s seriousness in promoting the sector.7 India is already a key sourcing country for some global

retailers. The entry of foreign retailers is likely to further promote India‘s manufacturing and export sectors,

leading to a double bonus for the economy.8 Allowing FDI in multi-brand retail can give a big push to the

country‘s social agenda, too, and has the potential to even positively impact and promote tourism,

computerization, systemization, government‘s ability to influence trade when required, address issues such

as inflation (since data available becomes more reliable/ accurate and trade gets increasingly organized),

reduction of black economy, control over food hygiene, better food quality assurance and accountability,

increased direct and indirect employment, push to real estate and availability of better managerial talent,

3 Sarthak Sarin, ‘Foreign Direct Investment in Retail Sector,’ at http://www.legalindia.in/foreign-direct-investment-in- retail-sector-

others-surmountingindia-napping (Last accessed 23 September , 2012) 4 Dipankar Dey, ‘Aspects of India’s Economy - FDI in India’s Retail Trade: Some Additional Issues,’ No. 43 Research Unit for

Political Economy (R U P E) Publications, Colaba, Mumbai, India, July 2007. 5 Hemant Batra, ‘FDI in Retailing Sector in India, – Pros & Cons,’ at http://www.legallyindia.com/1468-FDI-inretailing-sector-in-

india-pros-cons-by-hemant-batra (Last accessed 30 September , 2012). 6 Nabael Mancheri, ‘India’s FDI policies: Paradigm shift,’ at http cies-paradigm-shift (Last accessed 1 October , 2012). 7 Pulkit Agarwal & Esha Tyagi, ‘Foreign Direct Investment in Indian Retail Sector – An Analysis,’ at http://www.legalindia.in/

foreign- direct-investment-in-indian-retail-sector-an-analysis ( Last accessed 30 September, 2012). 8 Writankar Mukhar Jee & Chaitali Chakavarti, “Retailers Stumped as Govt. Shifts FDI Stance,” The Economic Times, 5 December,

2011.

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etc.9 Also, the retail revolution can change country‘s perception across the globe, integrating it seamlessly

into world trade and economy.10

Indian retailers have yet to consolidate their position. The existing retailing scenario is characterized by the

presence of a large number of fragmented family owned businesses, who would not be able to survive the

competition from global players. The examples of south east Asian countries show that after allowing FDI,

the domestic retailers were marginalized and this led to unemployment.11 FDI in retailing can upset the

import balance, as large international retailers may prefer to source majority of their products globally rather

than investing in local products. Global retailers might resort to predatory pricing. Due to their financial

clout, they often sell below cost in the new markets. Once the domestic players are wiped out of the market

foreign players enjoy a monopoly position which allows them to increase prices and earn profits.12. High

cost of borrowing forces the domestic players to charge higher prices for the products. The opening up of the

retail sector would affect the sales in the unorganized sector. Some fear that, if FDI is allowed in retailing

then it would result in lowering of prices because FDI will result in good technology, supply chain, etc. If

prices were lowered then it would lower the margin of unorganized players. As a result the unorganized

market will be affected.13 Goods are bought on credit and sales are made on cash basis. Hence, the working

capital requirement is negligible. On the contrary; after making initial investment on basic infrastructure, the

multinational retailers may remit the higher amount of profits earned in India to their own country. Small

producers need to be organized into farmer companies or producer cooperatives that can deal with Big

Retail from a much stronger position. So that their interests are not lost.14 Department of Industrial Policy

and Promotion, Ministry of Commerce through the Press Note No. 5 dated 20 September, 2012 allowed 51

% foreign direct investment in multi brand retail through government approval route subject to the following

conditions15:

Fresh agricultural produce, including fruits, vegetables, flowers, grains, pulses, fresh poultry, fishery and

meat products, may be unbranded. Minimum amount to be brought in, as FDI, by the foreign investor,

9 Zubin Kabraji, Regional Director, Indo-German Chamber of Commerce, at http://www.businessstandard.com ( Last accessed 3

October 3, 2013). 10 Id. 11 Arvind Singhal, “Missing the Wood for the Trees”, The Economic Times, New Delhi December 13, 2011 12 P.G. Chengappa, Lalith Achoth, Arpita Mukherjee, B.M. Ramachandra Reddy & P.C. Ravi, “Evolution of Food Retail Chains:

The Indian Context” (Nov 5-6, 2003) www.ficci.com (accessed October 5,2012). 13 Saby Ganguly, Retailing Industry in India www.indiaonestop.com (accessed October 6, 2012). 14 David Neumark, Junfu Zhang & Stephen Ciccarella, “The Effects of Wal-Mart on Local Labor Markets” Journal of Urban

Economics 63, no. 2 (2008): 405-430. 15 “September Archives,” pib.nic.in/archieve/others/2012/sep/d2012092002.pdf (accessed October 6, 2012).

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would be US $ 100 million.16 At least 50% of total FDI brought in shall be invested in 'backend

infrastructure' within three years of the first tranche of FDI, where 'back-end infrastructure' will include

capital expenditure on all activities, excluding that on front-end units; for instance, back-end infrastructure

will include investment made towards processing, manufacturing, distribution, design improvement, quality

control, packaging, logistics, storage, ware-house, agriculture market produce infrastructure etc. Expenditure

on land cost and rentals, if any, will not be counted for purposes of back end infrastructure.17 At least 30%

of the value of procurement of manufactured/processed products purchased shall be sourced from Indian

'small industries' which have a total investment in plant and machinery not exceeding US $ .1.00 million.

This procurement requirement would have to be met, in the first instance, as an average of five years' total

value of the manufactured/ processed products purchased, beginning 1st April of the year during which the

first tranche of FDI is received. Thereafter, it would have to be met on an annual basis.18 Self-certification

by the company, to ensure compliance of the above conditions, which could be crosschecked, as and when

required. Accordingly, the investors shall maintain accounts, duly certified by statutory auditors.19 The

above policy is an enabling policy only and the State Governments/Union Territories would be free to take

their own decisions in regard to implementation of the policy. Therefore, retail sales outlets may be set up in

those States/Union Territories which have agreed, or agree in future, to allow FDI in MBRT under this

policy.20 Retail trading, in any form, by means of e-commerce, would not be permissible, for companies

with FDI, engaged in the activity of multi-brand retail trading.21

2. FDI in Multi-Brand Retail in India: Bouquets and Brickbats

Single brand retailing involves selling of products under one umbrella name only. For instance, French

Connection, Gucci, Puma etc. are examples of aforementioned kind. Multi brand retailing on the other hand

can be epitomized by the concept of super markets, shopping malls and hyper markets.

Soaring inflation is one of the lashing motives encapsulating this bent towards Multi Brand retailing.

Moreover, industry experts endure that allowing FDI will incise squandering, as big players will build

16 Id. 17 Id. 18 Id. 19 Id. 20 Id. 21 Id.

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backend infrastructure, would help narrow the current account deficits, and move away from an industry

focus on intermediaries and job creation.22

Several constituencies are positively impacted by modern trade23 Farmers/producers Consumers Government Unorganized trade Inefficiencies in India’s food supply chain

Modern trade improves the quality of life

Increased tax inflows for the government

Kiranas as a major part of India’s retail sector

Several layers of intermediaries

Greater choice Organized and unorganized trade that is different in structure, size and in terms of taxes paid to the exchequer

India’s large retail sector that accommodates both organized and unorganized trade

High wastage levels (24-40%)

More competitive prices

The challenge of revenue collection from the unorganized retail sector

Lower than fair market value paid to farmers

Better quality of food products for modern trade players to transfer best practices to local farmers

Tax-compliant modern trade players who are large taxpayers

High final prices for consumers

“Lifestyle parity” where Indian products are similar to those available overseas

Agents controlling prices

Farmers benefit from modern trade

Consumers benefit from modern trade

The government from modern trade

Unorganized trade benefit from modern trade

Wastage is reduced In a democracy, fundamental tenet of progressive policy changes is that the main beneficiary

State VAT revenues increase as modern trade grows and develops.

Kiranas can source food and non-food items, essential for operations, from cash-and carry providers, benefitting from bulk discounts.

22 “Survey Report on India’s Retail Sector,” http://www.cci.in/pdf/surveys_ reports/ indias_retail_sector.pdf (Last accessed 4

October, 2012). 23 Id.

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must be the consumer.

Income flow for farmers is stabilized

As economies evolve, governments should provide for inclusive growth and minimal displacement

Modern trade helps develop related sectors (supply chain, logistics, cold chain, etc.). Companies in these sectors contribute to the exchequer in terms of indirect taxes.

Kiranas can become franchise partners for modern trade players’ neighbourhood format.

The quality of fruits, produce, dairy, poultry, etc. is improved.

Farmers are integrated into modern trade

While we say, India can enjoy a fine integer of benefits by allocating FDI in Indian multi-brand retail,

it is imperative to note the fact that there are few threats too that eclipse the benefits.

Switzerland-based UNI Global Union’s paper 'Wal-Mart's Global Track Record and the implication for

FDI in multi-brand retail' dwells on the business practices of Wal-Mart concludes that lacking passable

safeguards put in place, FDI in multi-brand retail would result to displacement and maltreatment of

Indian workers in retail, logistics, agriculture and manufacturing. The US-based world's largest retailer

Wal-Mart has already established its presence in the Indian market through wholesale cash and carry

stores.24 It is said that dearth of production of processed agricultural products enhances inflation and

FDI in multi-brand retail will eliminate the 40% wastage of food grain that currently occurs. Secondly

it is preconceived that only foreign investors can facilitate good warehousing without realizing that,

currently, the Indian corporate sector is more or less free to undertake (notified) contractual agreements

with farmers for supply of output.25 Lack of investment therefore, is more due to the controlled nature

of agricultural production than lack of foreign investors.26 The problem is that all the benefits, if they

24 “FDI in multi brand retail to harm Indian workers,” The Times of India, 3 October, 2012, Available at

http://timesofindia.indiatimes.com/business/india-business/FDI-in-multi-brand-retail-to-harm-Indian-workers-Globalreport/ articleshow/15601774.cms?.

25 “Multi Brand FDI farmers,” Indiatimes, 30 September, 2012, Available at http://articles.economictimes.indiatimes.com/2012-08-10/news/33137589_1_multi-brand-FDI-farmers.

26 Id.

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coming about through FDI, can well be created by these very same “global players” through the 100%

FDI in Cash-and-Carry route, which is already allowed.27

The reason why these problems are yet unsolved is not even remotely concerned with monetary

subjections (foreign or domestic), but with governance. At the very outset, the government needs to

build proper channels to link villages to the consumption centres (which are largely urban). Secondly,

make electricity available (on a 24-hour basis) for cold chain infrastructure viably. Scrap the

Agricultural Produce Marketing Commodity (APMC) Act so that farmers can sell their produce to

whomever they choose, at the best possible price. Amendments in the Warehousing Act, the Essential

Commodities Act, the various food laws, and yes provide tax incentives for creation of supply chain

infrastructure. Bringing about increase in irrigation and protecting agricultural land (by declaring it as

no-development zones) for food security.28 International retailers ensue on the principle of “buy cheap

and sell costlier” hence, it is a myth that middlemen are eliminated and the benefits go to producers or

farmers directly. Therefore, the benefits derived out of elimination of the middlemen goes to the

retailer and not even substantially to farmers or producers. The basic principles of trade negotiations

have been ignored while making concessions to the US and EU by agreeing to their proposal on big

retail without any corresponding quid pro quo.29

That an option has been given to the states to implement FDI is a myth being spread to mislead people.

FDI is a central subject and not a state subject. International treaties on investment, to which India is a

party, require a “national treatment”. The deception is a trap for future litigation which may force all

states to accept FDI in retail.30

3. FDI in Multi–Brand in India: Challenges and Opportunities

Accelerated urbanization in India has ushered in drastic changes in the consumption pattern.

Emergence of new social classes and expansion of middle and upper middle classes, substantial

rise in the income of the people and growth of the nuclear family system have brought in a

great deal of change in the attitude of consumers. India’s population predominantly consists of

27 McKinsey & Company Report, The Great Indian Bazaar: Organised Retail Comes of Age in India (2008). 28 J.P. Mohanty, Kamal Sharma, Moahn Guruswamy, Thomas J. Korah, FDI in India's Retail Sector – More Bad Than Good,

Center for Policy Alternatives (CPAS), New Delhi. 29 S.D. Roye, ‘No to FDI in Retail, No to Wal-Mart,’ at http://indiafdiwatch.org/ fileadmin/WARNstorage/NoFDI.pdf (Last

accessed 9 October, 2012). 30 ‘10 Reasons why FDI in retail will Hurt,’ at http://www.firstpost.com/ politics/bjp-gives-10-reasons-why-FDI-in-retail-

will-hurt-471236.htm (Last accessed 3 October, 2012).

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youth who are more brand-conscious and are ready to pay a premium for quality, environment

and brands. People, now a days, are keen to spend on lifestyle. Today, the typical Indian

consumer expects everything to be available under a single roof. All this makes India a very

attractive destination for foreign investment in retail sector.31

It may be imagined that, if the entry of trans-nationals in retail trade leads to harmful consequences,

the government can restrict and regulate their activities, or even remove them altogether. However,

TNCs in services are striving to bring in changes in the General Agreement on Trade in Services

(GATS) to ensure that their entry is irreversible and ever-expanding.32

To elicit the opinions of stakeholders of the economy, with respect to allowing FDI in Multi Brand

Retail Sector in India, the Department of Industrial Policy and Promotion floated a discussion

paper. Some of the voices heard after that is such that the MNCs would bring in advanced technologies

and methods that would bring in huge advantages for a techno-hungry country like India. It is opined

that FDI in Multi-Brand Retail Sector can be considered appreciable as it may bring the latest

cutting-edge technologies to India that would benefit a host of the sectors of the economy such as,

the retail traders, farming, cooperative, service sector in non corporate enterprises and end

consumers.33 The face of the Indian Retail Industry will change with the entry of Global Retail Majors

who are known for their quality, service, and technology of highest standards. Infrastructural facilities

and assured markets for the farm produce are the prerequisites for the growth of the rural agricultural

sector. Most farmers tend to prefer wheat and traditional crops if they don’t find adequate market for

cash crops. FDI in Multi-Brand Retail can create market for cash crops and may move the farmers

to grow commercial products like fruits, vegetables depending on the suitability to the soil and

climatic conditions of that area. Bharti-Wal-Mart, a joint venture between India’s Bharti Enterprises

and US-based Wal-Mart Stores, has plans to buy farm produce directly from over 35,000 small and

medium farmers in India by 2015.34 Wal-Mart is confident that this initiative will result in an increase

of 20 per cent in the income of farmers and will have a multiplier effect benefiting one million farmers

31 Mathew Joseph & Soundararajan, Nirupama, ‘Retail In India: A Critical Assessment,’ 2009 (unpublished). 32 S. Parekh & Kaustabh Prakash, ‘Retailing in India: Recent Trends and Upcoming Challenges- Aspects of Indian

Economy,’ 2011 (unpublished) . 33 Dr. Sameena Khan & Fayaz Ahamed, “Foreign Direct Investment in India: Challenges and Opportunities in Multi-

brand Retail Sector,” International Journal Of Research In Commerce And Management, Vol. 2, No. 1, 2011, pp. 97-98. 34 D. Raghunandan, ‘FDI in Organised Retail: A Lose-Lose Game,’ India Current Affairs, Economy, July 7, 2010.

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and agricultural labor.35 Investment in infrastructure will help in reducing the intermediaries and thus

will reduce the gap between prices paid by the consumers and prices received by the farmers.

Development of back-end infrastructure can cut the wastage of farm output, time and can

improve quality. Improved facilities will enable farmers increase their income. FDI in multi-brand

retail will intensify the competition paving path to improvement in the standard of quality of the

merchandise and widening the consumer choice.36 For a mammoth-size economy like India this might

not be the case as there is room for accommodating both big as well as small retail outlets to

grow.37 Another point worth-noting is that when large modern domestic Multi Brand Retail outlets

start operating in the economy, some consumers from small retail outlets may shift to the big modern

outlets. 38

Undeniably, Mom and Pop shops will continue to enjoy the advantage and may remain unaffected by

the FDI in Multi Brand Retail because of the convenience factor. In view of the availability of

disposable incomes for Indians, there is an increased thinking to pay for quality and ease and access to

a “one-stop buying” which will have a wide range of different products.39

Micro, Small and Medium Enterprises are expected to be benefited since the foreign companies

will approach them for the know-how local tastes and merchandise preferences. Investments in

back-end infrastructure will lead to more efficient retail trade and thus it can be felt that FDI in Multi-

Brand Retailing will definitely aid in developing world-class supply chain for the retail sector in

India. 40

The move to allow FDI in India may augment the likelihood of achieving a double digit

economic intensification as it can attract global retail stalwarts such as Walmart, Tesco, Home Depot,

Carrefour etc. to partake in retailing in India. Experts opine that India's agrarian infrastructure

would massively develop as the foreign companies must invest in infrastructural facilities such

35 Economic Times, ‘Foreign Direct Investment,’ Economic Times, http://articles.economictimes.indiatimes.com/ (Last

accessed 4 October, 2012). 36 V. Handa & N. Grover, ‘Retail Sector in India: Issues & Challenges,’ International Journal of Multidisciplinary Research,

Vol. 2, No.5, 2012. 37 ‘FDI in Multi-Brand Retailing: Economic Compulsions or Political Gains?,’ Amic – Infoseries – 8, Agricultural Market

Intelligence Centre, Department of Agricultural Economics, Kerala Agricultural University,Thrissur (2012). 38 ‘FDI in Retail – An idea whose time has come,’ Images Retail, 2011, pp. 62-63. 39 Laxmikant S. Hurne, ‘Proposed FDI in Multi-Brand Retailing: Will it heat the Indian unorganized Retail Sector? ,’ Review

of Research, Vol.1, No. 6, 2012, pp. 1-4. 40 Id. at 1.

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as cold storage and logistics to support their operations. At present around 35 percent of the

post-harvest produce is going waste in India while about half of the people are malnourished.

Consumers will be entitled to experience variety, high- quality merchandise, and superior customer

service at reasonable price.41

4. Conclusion

Amidst today’s time of fierce competition and a quest to achieve and enhance a substantial level of

economic and social development, nations are trying to liberalize its economic policies in order to

attract investments from not only, domestic players, but also from magnates all across the globe.

Consequently, people with generous coffers of funds, all around the globe, are expanding their wings

and seeking opportunities of investing in different spheres of this lucrative market. India too is not

oblivious to the rapid developments taking place in the global market and has emerged as one of the

prime destinations for the investment of funds from an impressive number of foreign investors.

As India capitalizes on the benefits of FDI, there will be more competition in the market at large and

the rural sector of the country will be in the process of reformation, thus bringing about a socio-

economic stability. However, the path of liberalizing the Indian retail sector should be treaded

cautiously in the wake of the fact that international experience has shown that except for the huge

profits raked in by the supermarket chains, organized retail has been a lose-lose scenario for farmers,

small traders and wholesalers, consumers and the environment and therefore society as a whole. As of

now, there is no proper definition of retailing or retail formats in India. International players are

exploiting the situation and are often entering the market and expanding their businesses through

multiple routes and are operating in the country with more than one format of retailing. The regulatory

regime should address these issues. The entry norms should clearly state the approval requirements,

conditions / restrictions if any imposed, etc. The government should also strictly enforce the quality

standards for local production and imports.

FDI in Retail trading should be opened up to substantially improve productivity and distribution

system through modern format retailing. The government should come out with a policy statement

laying down the roadmap for modern retail and allowing foreign investment in retail. These flows,

especially FDI, need to be encouraged through an appropriate policy regime. Thus, as a matter of fact

FDI in the buzzing Indian retail sector should not just be freely allowed but per contra should be

significantly encouraged.

41 Id. at 2.

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AN EMPIRICAL ANALYSIS OF POSSIBLE EFFECTS OF FDI IN MULTI

BRAND RETAIL IN INDIA

Dhaval Piyush Sampat1

Mudita Manot2

Nitish Mathran3

Dibyendu Sen (Project Guide)4

ABSTRACT

In a country like India where unorganized retail counts for approximately 90% of the total retail, the

big question is whether the local industries will be able to survive and if the new FDI policy will

actually provide the much needed stimulus to the economy.

In this context, the first part of the paper shows the status of organized retailing in India with SWOT

analysis, the impact of organized retail on the unorganized retail sector as well as the farmers and

addresses their issues towards multi-brand retailing. The results expected from the survey that was

conducted among 3 major stakeholders – the industrialists, consumers and the unorganized retail shop

owners who face the risk of being wiped out, helped us delve more into this, with focus on some

specific cases. Our present work makes an attempt to study the consumer perception and the various

myths and realities surrounding the entry of the various global giants to India. It also looks into the

issues of the farmers and the impact on the traditional supply chain as well as the agricultural back

end system.

The findings from the paper reveal that the unorganized sector will have the highest negative impact of

the FDI policy and the survey results also show that it is the retailers in the unorganized sector who

are not keen on supporting the government's decision to bring in FDI in multi brand retail as

compared to corporates and consumers who favour the policy.The paper concludes with

recommendations and how the concerned parties can co-exist towards helping India improve the

health of the economy as well.

1 Dhaval Piyush Sampat is a student of the Dept of Business Administration of St. Xavier`s College, Kolkata. 2 Mudita Manot is a student of the Dept of Business Administration of St. Xavier`s College, Kolkata. 3 Nitish Mathran is a student of the Dept of Business Administration of St. Xavier`s College, Kolkata. 4 Dibyendu Sen is an Assistant Professor at St. Xavier`s College, Kolkata.

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1. Introduction - Present situation of unorganized and organized retail in India

The Indian retail market is estimated to be US$ 450 billion and one of the top five retail markets in the

world. India’s retailing industry is essentially owner manned small shops that account for more than

90%.5 Currently, the share of modern retail is a mere five per cent in the total retail trade sector. From

all estimates, this is expected to, at best, quadruple over the next 20 years. That would still leave a

healthy 80 per cent of total retail trade to the self-organized sector.

The Indian retail sector accounts for 22 percent of the country's gross domestic product (GDP) and

contributes to 8 per cent of the total employment. India continues to be among the most attractive

investment propositions for global retailers. The Government recently passed a cabinet note permitting

FDI up to 51% in multi brand retailing with prior Government approval and 100% in single brand

retailing thus further liberalizing the sector. This policy initiative is expected to provide further fillip to

the growth of the sector.

Cumulative foreign direct investment (FDI) inflows in single-brand retail trading, during April 2000 to

June 2011, stood at US$ 69.26 million. India's retail market is expected to grow at 7% over the next 10

years, reaching a size of more than US$ 850 billion by 2020. Traditional retail is expected to grow at

5% and reach a size of US$ 650 billion (76%), while organized retail is expected to grow at 25% and

reach a size of US$ 200 billion by 2020.6

With this growth in retail, not only front end but the entire network of activities leading to a

culmination of a successful retail transaction has undergone a significant development. India has been

topping the AT Kearney's annual Global Retail Development Index (GRDI) for three consecutive

years, thus presenting itself as an attractive market for retail investment.

Table 1 – Growth of Retail in India

Year 1999 2002 2005 2009 2010 2013 (expected)

Total Retail (billion

INR)

7000 8250 10000 18450 19500 24000

Organised Retail 50 150 350 920 1350 2400

5 ASA & Associates, “A brief report on Retail Sector in India” 6 FDI leading to growth in various sectors, Available at https://www.ficci.com/sector/33/Project_docs/Sector-prof.pdf , Last

accessed on 24 December 2012.

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(billion INR)

Share of Organized

Retail (%)

0.70% 1.80% 3.50% 5.00% 7.00% 10.00%

2. Myths and Realities surrounding the entry of global giants to India:

2.1 Creation of Jobs- People are thinking that their arrival will create a lot of jobs in the economy and

will give it the much needed boost. But it can lead to robbing of livelihoods many more times than the

number of jobs they are going to create. For potentially creating 2 million jobs they are going to

destruct 40 million livelihoods in retail sector.

2.2 Organized Retail stores sell fresh products- The people tend to have the notion that organized

corporate retail outlets sell fresh products and maintain proper hygiene. This might not be always true

because long distance supply chain and refrigeration can sometimes lead to stale fruits and vegetables.

2.3 Consumers will get better prices as middle men are being removed- The threat lies in the fact that

it might lead to a monopolistic situation where there will be no option for the buyers but to go and buy

from them only. In other countries there have been situations where the prices of the products were

kept very low and once the small outlets and all were wiped out and there was no competition they

resorted to normal pricing.

2.4 Local manufacturers will benefit- FDI in retail will help local manufacturers scale up to global

level. This is a myth that foreign retailers are peddling–that they will source locally for their global

operations and this will benefit Indian manufacturers to scale up. If this was true then how come

Walmart, a US-based company, has not helped American manufacturers scale up? One of the biggest

criticisms against foreign retailers is that they destroy small and medium sized companies. Foreign

retailers, source bulk of their produce from China and have contributed to the destruction of SME

manufacturers across the world. This is one of the biggest reasons why many countries don’t allow

foreign retail to come in. Japan has continuously and consciously kept foreign retailers out and is very

strict even about single-brand retail.

Source: www.nielsen.com

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3. SWOT Analysis of FDI in Retail:

Strengths:

The emerging retail formats like malls, supermarkets and specialty stores, provide all range of

products and services under one roof.

The organized retail stores tend to buy in bulk and hence they will procure directly from

manufacturer or farmer which will lead to better prices and margins, both for the consumer

and the farmers.

Potential generation of thousand plus jobs in the sector.

Indian consumers have high disposable incomes, which translates into high consumption

levels and the presence of a growing strength of earning young population.

Weakness:

The presence of a significant number of strong and well-established players in the sector

limits the entry for a new potential player.

High real-estate and distribution cost in some parts of the country are the obstacles for growth

of retail in India.

Not everyone will have access to these stores and malls which ultimately result in a major

chunk of the population making purchases from the conveniently located store nearby.

Low conversion ratio when we compare the footfall to the actual number of people who make

purchases from these malls.

Relatively small domestic market, as not many will have access to these, which thereby limits

the growth opportunities.

Opportunities:

Increasing awareness of consumers about products and services through various forms of

media compared to what it was a few years back.

The urban area has been the focus of Organized Retail which has led to increased

competition. Rural India is home to 72 Crores consumers across 6 lakh villages. 17% of these

villages account for 50 % of the rural population as well as 60 % of rural wealth. Hariyali

Kisan Bazaars (DCM) and Aadhars (Pantaloon-Godrej JV), Choupal Sagar (ITC), Kisan

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Sansars (Tata), Reliance Fresh, and others such as the Naya Yug Bazaar have already

ventured into their market.7

Threats:

Rigid government policies and regulations make this very unpredictable.

Indifferent attitude towards the malls and stores that are coming up in India.

The unorganized retail sector in India which tends to provide personal customized service

(like credit facility) to their existing consumers.

4. Case Study:

A micro-based case study approach has been used to get an insight on the existence of Organized

Retail outlets, being run by corporates, the unorganized retail markets and the local general stores in

the same locality.

Location:

Camac Street, Kolkata.

Enterprises:

Food Bazaar Retail Store, Vardaan Market and Hari Om General Stores.

History:

The above mentioned 3 stores are located in a radius of 1 km and had a lot of common customers.

Vardaan Market and Hari Om General Stores have been in the locality for more than 5 years. It was

after the construction of the first ever Pantaloons outlet in Kolkata which also led to Food bazaar

occupying the top floor of that outlet.

Impact:

On analyzing the data received from the retail shop owners in Vardaan Market and owners of Hari Om

General Stores it was found out that the conversion ratio had reduced in these two places after the

Food Bazaar Retail Outlet had come up near these existing small retail markets and there was a

decline in sales in the first two years after the new retail outlet had been setup. Hari Om General Stores

was forced to down shutters owing to the decline in number of customers; major reason being that the

7 NSDC- National Skill Development Corporation, Available at http://www.nsdcindia.org/pdf/organised-retail.pdf, Last

accessed on 15 January 2012.

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organized retail outlet set up in the locality was offering all kinds of products and various brands under

one roof, drawing consumers away from the limited variety general store.

Challenges:

The organized retail outlets offer a wide range of products under one roof which solves the purpose of

the consumers as everything can be purchased from one place. These organized retail outlets like Food

Bazaar have a pan India presence and lure the consumer towards them through various discount

schemes like Sabse Sasta Din – where all the products are offered at the lowest possible price on that

particular day and various other mass media promotions which the small sized retail outlets can`t

afford. Also, the range of products and the availability of exclusive brands, keeps them in good stead

and ahead of the shops in the existing unorganized retail markets.

5. Impact on back end Infrastructure and farmer issues:

As per the government guidelines, within three years of the induction of the FDI at least 50% of total

investment shall be invested in back-end infrastructure by the foreign retailer in the country. This

would include investment in processing, manufacturing, distribution, quality control, packaging,

logistics, storage, warehouse etc. Highly fragmented supply chains coupled with infrastructure issues

and the vast geographical spread of the Indian market pose huge challenges to the retailers. Foreign

retailers have to enhance their supply chains to succeed in the cost conscious market. 30-35% of

India’s total production of fruits and vegetables is wasted every year due to inadequate cold storage

and transport facilities8. Almost half of this wastage can be prevented if fruit and vegetable retailers

have access to specialized cold storage facilities and refrigerated trucks. The organized retail will bring

in efficient practices that will help farmers in the procurement process, reduce wastage with finally

efficient storage and will finally cut the losses. The giant retailers will help India to have strong storage

system with highly developed transportation. The arrival of foreign retailers will definitely bring in

synergies in distribution management practices.

The farmers across India’s 6, 00,000 villages stand to gain with higher profits and better market access.

The original producers will get a higher price since the profit will flow to them directly, leaving behind

8 Ramesh Chand, “FDI in retail must be measured by benefits for consumer & economy, not just for farmers,” The Economic

Times, 4 October 2012, Available at http://articles.economictimes.indiatimes.com/2012-10-04/news/34260288_1_farmers-farm-sector-multi-brand-retail-trade, Last accessed on25 January 2012.

Abhineet Kumar, “FDI in retail to benefit farmers, consumers and artisans,” Business Standard, 20 September 2012, Available at http://business-standard.com/india/news/FDI-in-retail-to-benefit-farmers-consumersartisans/187584/on, Last accessed on 20 January 2012.

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the middle men. However it is also believed that FDI in retail might have adverse effect on farmers.

There are chances of farmers getting exploited by MNCs. It is argued that giants like Wal-Mart will

use their monopolistic power to keep farm prices low and disrupt long and time-tested channels of

trade.

6. Research Methodology:

Sample Size: 300.

Sampling Technique: Stratified Sampling.

Population: Finite.

Data Collection Instrument: Questionnaire

Demographic: 60% were males & 40% were females and individuals from various groups who stand to

be affected, were taken in equal proportions. For the consumers, equal number of people from the 3

income brackets – less than 1 lakh, 1 lakh to 5 lakh, 5 lakh and above, and individuals who have a say

in the purchase decision of the family were accepted as respondent in survey.

Geographic Location: Kolkata, India

Findings:

Figure 1: Supporting 51% FDI in Multibrand Retail.

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Figure 2: On which sector will this have the highest negative impact?

The above graphs show the representation of the data collected from 3 core groups who are affected by

this – the Consumers, Corporates in Retail Sector and the businesses in the unorganized sector. The

overall survey also revealed that the unorganized sector will have the highest negative impact of this

FDI policy and stand to be impacted most by its negative consequences.The table shows the consumer

response when they were asked to choose the factors for which they would decide between the local

kirana store or the retail outlets.

Table 2 – Role of various factors in deciding purchase location.

Factor Local kirana Store Organized Retail Outlet

Price 60% 40%

Product Display and Range 22% 78%

Hygiene and Visual Appeal 26% 74%

Credit facility and other benefits 83% 17%

Exclusive Brand Availability 10% 90%

In order to get the overall perception of the people about the local grocery shop and and the various

attributes which were considered before making the decision have been represented in the percptual

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map below.The horizontal axes represent Service and Offerings while the vertical axes measures the

display and visual appeal. The perceptual map reveals that the kirana stores have an upper hand

because of the credit facility they provide but they lose out when it comes to exclusive brand

availability, the display of products and visual delight that a big retail store offers.

Figure 3 – Perceptual Map.

7. Challenges to be faced by the Foreign Investors:

As much as the unorganized sector faces challenges from the foreign investors in terms of capital

structure, predatory pricing, wide range of brand availability and product display, the foreign investors

are equally vulnerable to various other potential threats and challenges. A few of them have been

discussed below.

(i) Competition from Unorganised Sector - Traditional retailing has been established in India for

many centuries, and is characterized by small, family-owned operations. Because of this, such

businesses are usually very low-margin, are owner-operated, and have mostly negligible real estate

and labour costs. Such small shops develop strong networks with local neighbourhoods. The

informal system of credit adds to their attractiveness. Moreover, low labour costs also allow shops

to employ delivery boys, such that consumers may order their grocery list directly on the phone. In

contrast, players in the organized sector have to cover big fixed costs, and yet have to keep prices

low enough to be able to compete with the traditional sector.9

9 Anusha Chari and T.C.A. Madhav Raghavan, “Foreign Direct Investment in India’s Retail Bazaar: Opportunities and

Challenges”, The World Economy, Vol. 35, Issue 1, 2012, pp. 79-90.

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(ii) Location Costs - In urban settings, real estate rents are also very high. Thus the opportunities in

this sector are limited to those retailers with deep pockets, and puts pressure on their margins.

Conversely, for retailers looking to set up large stores at a distance from residential

neighbourhoods may struggle to attract consumers away from their traditional sources of groceries

and other products.

(iii) Red Tapism - Before investment approval is given, the application of foreign investors has to pass

through various transfer channels which are dominated by the Bureaucrat. This is referred to as

Red Tapism. This results into delay in decision making regarding investment beginning. Delay in

approvals leads to disinterested corporate giants.

(iv) Procedural Delays - India has requirement for the number of permits and significantly longer

median number of days to start a firm than almost all countries, which are included in the Global

Competitiveness Report’s Database. According to the report by World Bank, starting a business in

India requires 11 procedures and median time is 71 days as compared to china, which has 14

procedures with a median time of 48 days.

8. A Comparison of India with China-

Two decades ago, China was a different story. It had very little organized retail and virtually no malls

and with the average Chinese not exposed to foreign brands. China allowed FDI in the year 1992.

Today, China's retail industry is worth upwards of $700 billion with more than 14 global mega retailers

setting up shop in the last ten years. In the first phase, China allowed FDI in retailing with some

restrictions:

(i) It was restricted to six major cities namely (including Beijing, Shanghai and Guangzhou,

Tianjin, Dalian, Qungdao) and Special Economic Zones.

(ii) Foreign ownership initially restricted to 49% of joint ventures.

(iii) Foreign retailers that operate large retailers will be limited to 50 units.

It took over 12 years to liberalize its FDI regime and in stages with reversals as well. As soon as retail

was opened to FDI, global retailers like Tesco, Wal-Mart, Metro and Carrefour were quick to enter.

After 10 years the cap was raised to 49% when local chains had sufficiently entrenched themselves.

100% FDI in retail was permitted only in 2004, after the infant retailing industry had acquired some

muscle. It even revoked some previously granted approvals, to reduce the foreign retailers’ footprint.

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Given this timeline, the Chinese retail environment is 20 years ahead of India. Looking at their market

today can give us a rough idea of how FDI in MBRT in India might pan out in the medium term.

Initially, China also allowed foreign retailers to open only in select metropolises, such as Beijing,

Shanghai and Shenzhen, and moreover, only in certain districts in those cities. In Beijing and

Shanghai, foreign retailers like Wal-Mart were only allowed to operate in districts where there were no

local competitors. Through these ‘invisible barriers’, China succeeded in giving local retailers

protection, while at the same time, they learnt from the more efficient business models of foreign

companies.

China opened up its retail sector completely in December 2004. Under the new regulations, overseas

entities are now allowed to set up a Foreign Invested Commercial Enterprise (FICE), which may act as

a commission agent, wholesaler and retailer or engage in franchising activities on a wholly owned

basis in China.

8.1 Effect Of Opening Up Of The Sector10

(i) 40 foreign retailers have secured approval since 1992

(ii) $22 billion of FDI attracted 3.6% of total FDI.

(iii) Employment in retailing has grown at 6% p.a. since 1992 to 53 million

(iv) Retail sales have [email protected]% CAGR since FDI was permitted.

(v) In 2003, FDI in wholesale and retail was US$ 1.1 Billion (Around 30% of our total FDI in

2003).

(vi) Some well-known foreign retail corporations include Nike, Wal-Mart, Carrefour, 7-Eleven,

and Giordano. These retailers, amongst others, account for some of the 10 percent of total

merchandise.

(vii) Since 1992 FDI has improved the quality of experience, choice and prices for the Chinese

shoppers.

(viii) There was also considerable increase in traditional stores, hypermarkets, super markets,

convenience.

10 Kaanan Gupta, “FDI in Multi-brand Retailing: Lessons from China 2012”, Available at

http://www.studymode.com/essays/Foreign-Direct-Investment-1336191.html, Last visited on 12 May, 2013.

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While the experience of China has been cited by many as an argument for opening India’s sector, there

are, however, key differences in the organization of China’s retail and in its opening process that are

markedly different from the Indian context. Therefore, it cannot be ascertained that FDI will prove to

be equally beneficial for India given the political and economic setup here.

Chinese experience, indicates a mixed result of the coming of foreign retailers on farmers’ client base.

In some cases the client base has increased while in other cases farmers have been rendered out of

work due to market consolidation. However, it cannot be anyone's case that farmers are getting a good

deal right now. They remain underprivileged in terms of accessing technology, inputs, and above all,

credits and subsidies from the government in India.

Foreign retailers have played an instrumental role in providing impetus to organized retail in China as

well as modernizing the sector through best practices and state-of-the-art technology with modern

management techniques and brand recognition becoming the mainstays of the Chinese retail sector. It

is also because big players’ strengths in their home countries are based on factors that are totally absent

in India, like incredible logistics and supply chains; physical infrastructure like roads and ports.

All China’s biggest retail firms are Chinese companies despite the fact the big-box retailer set up shop

nearly 15 years ago in the country, which was enabled by the government controlling the speed of the

‘gradual’ opening up process, which gave local retailers enough time to adapt. It is still obscure if India

can pose the barriers that challenged foreign retailers in China as the unorganized retail sector is also

far larger in India, with organized retail accounting for less than 7%, compared with 20% in China.

Consolidation of the retail sector in China, as a result of the government-supported rise of local retail

giants like Bailian, did put many small retailers who could not cope with the surge in number of

competitors and lower prices, out of work reflecting the Darwinian philosophy of survival of the fittest.

In India, given the political and economic background, the number of small retailers losing out on their

jobs could be far more.

In China, unorganized retail, represented by street vendors and neighbourhood ‘community retailers’,

has continued to thrive, offering cheaper prices than supermarkets and retail chains. Similar is the

scene expected in India as poor are not able to negotiate prices with modern but traditional retailers.

Further, the products which are offered at a lower price by modern retail are less relevant for the poor

who buy them loose in small quantities.

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Looking from a wholistic view, it is important that, like China, India should first encourage and focus

on strengthening the domestic organized retail chains’ foothold and presence in the multi brand retail

sector prior to completely opening Multi Brand Retail Trade to foreign investment.

9. Recommendations and Conclusion:

The survey results reveal that in a place like India where more than 90% of the total retail involves the

unorganized sector, there still lurks the fear of not being able to survive once the multinational giants

enter. Since the Indian retail sector is highly fragmented and domestic retailers are in the process of

consolidating their position, the opening up of FDI regime should be in a phased manner over 5 to 10

years time frame so as to give the domestic retailers enough time to adjust to the changes.

Stringent rules should be formed against collusion and predatory pricing and a code of conduct should

be drafted for the organized retail sector for dealing with their suppliers so that the suppliers (for

example farmers) are equally benefitted and are not exploited.

The back-end infrastructure requirement should be carefully planned and devised so as to ensure that

the supply chain and storage system of the country adequately benefit from it and the consumers do not

have to bear the burden of rising costs due to inefficiencies currently prevalent in the logistics and

supply chain system.

Quality regulation, certification & price administration bodies can be created at district and lower

levels for upgrading the technical and human interface in the rural to urban supply chain.

The number of cities in which the investment will be allowed should be reduced, not increased, and

stores can be located away from inner cities in order to reduce the impact on small retailers. The

process should move forward with care and due concern for the various stakeholders, in a carefully

phased manner.

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FDI POLICY FROM THE PERSPECTIVES OF PORTOR’S FIVE FORCE

MODEL AND SOCIAL IMPLICATIONS

Preet Singh Oberoi1

Anuj Sabharwal2

ABSTRACT

FDI may be defined as “Acquisition or construction of physical capital by a firm from one (source)

country in another (host) country”3In simple terms FDI may understood as the inflow of Capital from

one country to another i.e. source country to the host country. The Union Cabinet of India, via their

policy, allows that FDI in multi brand retail may be permitted up to 51% foreign equity through the

government approval route, subject to adequate safeguards for domestic stakeholders. The policy

rollout will cover only cities with a population of more than 1 million.4 It also stipulates that at least

30% of the procurement of manufactured/processed products must be sourced from Indian small

industries (SME). Small industries, for the purposes of this policy, have been referred to as industries

which have a total investment in plant & machinery not exceeding US $ 1.00 million.5

The new age phenomena social welfare versus economic necessity plays its way into this debate very

ably. Given the state of affairs of the Indian economy and the socio-political situations of the recent

past, India is in dire needs of funds to avoid a foreseeable deterioration. However, a society ours,

which still suffers from the social evils like poverty, employment, malnutrition, illiteracy and also a

substantial dependence on agriculture, cannot at any cost afford to forget and ignore the welfare

aspect of our policy. Hence, we must instigate equilibrium with respect to welfare as well as

economics.

In this paper we wish to suggest that there should be a floor limit for indigenous population which

shall ensure them guaranteed employment. There should be amendments in the competitive laws like

more effective laws for predatory pricing; comprehensive remedial and punitive measures in case of

anti-competitive practices like dumping , abuse of dominance , anti-competitive practices or autonomy

to CCI.

1 IVth Year Amity Law School, Delhi (GGSIPU),Contact Number- 09999987440 2 IVth Year Amity Law School, Delhi (GGSIPU),Contact Number- 09953986233 3 Deardoff‟s Glossary of International Economics. Available at http://www.

personal.umich.edu/~alandear/glossary/f.html#fdi2, (Last accessed on 12 October, 2012) 4 Press Release Id 77725, Press Information Bureau, Government of India, Available at

http://pib.nic.in/newsite/erelease.aspx?relid=77725, (Last accessed on 9 October, 2012) 5 Press Note No.4 (2012 Series), Ministry Of Commerce and Industry, Government of India. Available at

http://dipp.nic.in/English/acts_ rules/Press_Notes/ pn4_2012.pdf, Last accessed on 08October, 2012.

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1. Socio- Economic Implications Of The FDI Policy

Foreign direct investment in multi brand retail is one of the most debated topics of present day polity.

There are certain genuine concerns with respect to this policy however the notified policy does not seem

to be bereft of any cause or prospects. This policy like a coin has two sides to it. Whilst certain opposition

or reservations to this policy may be pertinent yet the policy does not prima facie seem to be ill founded.

Major reservations relate to its socio- economic impact.

Employment

The most contentious of all the arguments for or against FDI in multi brand retail happens to be the

employment argument. Whilst the supporters contend or rather assure 10 million new employment

opportunities in the retail sector without impacting the existing employment unorganized sector.6 Out of

the said promise 50 to 60 percent is estimated to be generated from logistics and infrastructure providing

services to organized retail trade.7 Yet there is a big question mark over the pragmatic fulfillment of the

said problem. Despite, the obvious implication of creation of new jobs however the displacement of the

pre- existing ones seems inevitable. Though organized retail might create jobs yet the creation of new

jobs seem improbable without the displacement of jobs so created by the mom & pop stores.

Infrastructure

In order to overcome the infrastructural deficiency in India a huge injection of capital becomes a

necessity. India, in effect, is an unexploited economy with limited surplus capital. Furthermore, the Indian

government is one which is running on budget deficit. So the generation of capital from within our

economic system becomes impragmatic. Furthermore it is not just the capital that the Indian retail

industry lacks, it is the structure, knowledge and the global integration which can possibly be attracted

through foreign direct investment.

6 Available at: http://timesofindia.indiatimes.com/india/FDI-in-retail-will-create-10-million-jobs-in-3-years-Anand-

Sharma/articleshow/10867757.cms /, Last visited on 27 January 2013. 7 Bob Evans (2011), Available at: http://www.forbes.com/sites/sap/ 2011/12/02/how-india-and-wal-mart-will-create-10-

millionjobs /, Last visited on 27 January 2013.

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Food Wastage

As according to the estimates, the warehousing capacity available in India including both public

and private sector is around 108.75 million MT and an additional of 35 million MT will be

required in twelfth year plan for the storage of agricultural crops. The warehouses in our country

are not efficient and they are put up on traditional norms and without any apt design. The Indian

warehouses lack optimal size, ventilation facilities, proper storage system etc. India being the

second largest producer of fruit & vegetable (200 million MT) but still has a limited integrated

cold–chain infrastructure, with only 5,386 stand-alone cold storages having an overall capacity of

only 23.6 million MT because of this lack of storage facilities only the farmers have to suffer

heavy losses in relation to quality and degradation and which further leads to wastage of the

produce particularly in case of perishable harvest. The post –harvest losses of farm produce,

especially in case of fruits and vegetables and other perishable produce the loss has been

projected to be over 1 trillion Indian rupees per annum which include those 57 % which is caused

due to avoidable cost of storages.8 As per the industry estimates the wastage of fruits, vegetables

constitutes 35 to 40 percent and food grains constitutes 10 percent. This is the unfortunate fate of

India where 40 % of food is lost due to wastage by ignorant state and lack of any machinery to

protect it, whereas on the darker side 50 million children suffer from the disgrace and curse of

malnourishment. Furthermore, the market size of warehousing is also expected to grow to 35,100

crore in the financial year 2016-17 with a Compound Annual Growth rate (CAGR) OF 9%. 9 The

Cold Storage Units, which will evolve out of this FDI Policy, would further the endeavour to

facilitate the cause of structural improvement with respect to food storage capacity in India.

Consumerism

Consumerism primarily refers to an induced psychological base by the controllers of the market of

wider and cheaper options in goods for the objective of creating consumer attractions towards the

market which is far-fetched from the primary requirement of retail goods as commodities of need.

Thus, consumerism is a psychological impediment that exploits the basic human affinity towards

the frills of the modern multi quantitative and qualitative global retail sector.

8 Associated Chambers of Commerce and Industry of India- FDI in Retail Advantage Farmers, Available at

http://www.assocham.org/arb/general/ Background-FDI-Retail.pdf, Last visited on 12 May, 2013. 9 Ibid

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2. PORTOR’S FIVE FORCE MODEL

THREAT OF NEW ENTRANT:

The coming of a new entrant into the retail industry will be a threat for the existing unorganized

sector which constitutes 90 to 95 percent of the retail market in India as the organized sector’s

vertical structure and centralized buying gives these chain stores better competitive advantage

over the independent stores. Now after the new FDI policy has come the Indian government has

further moved by dropping its protectionist policies. Allowing foreign retailers will also bring in

the more foreign investors i.e. more capital which will help our country reducing its deficits.

Therefore, threat from the new entrants in the retail industry is too high.

POWER OF SUPPLIERS :

This point can be explained by an example wherein in 1970’s a company Sears which started

dominating the home appliances market set very high standards of quality and those suppliers

which failed to meet those standards were dropped from their list of suppliers. This could also be

seen in case of Wal-Mart which also has set high standards for its suppliers so the say of suppliers

is less i.e. the suppliers in the retail industry has a very little power.

POWER OF BUYER :

The power of consumers to bargain in an organized retail stores is jettisoned. But where a

consumer has a whole ask for or demand high quality goods at a bargained price then it supports

in keeping the retailer honest. Now taking this from Porter’s side the consumers has relatively

high bargaining power in unorganized sector as compared to the organized sector as the customer

will be more conscious about the quality of the products when demanding it from a from the

organized sector.

AVAILABILTY OF SUBTITUTES :

The trend of the retail sector basically is not just to specialize in a particular goods or services but

to deal in a wide range of products where one does not need to go in different stores for buying

different products everything is available under one roof. This means what one store offers is

likely to be offered by other stores also therefore a threat from substitutes is very high.

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COMPETITIVE RIVALRY :

There has always been a cut throat competition in the retail industry and the retailers must also

fight with the unorganized sector. This can be seen and is evident from the aggressive marketing

strategies and policies to attract more and more consumers by offering them additional services

etc. which will finally benefit the consumer only.

The growth rate of GDP has slowed down from 8.4% in 2010-11 to 6.5% in 2011-12. In Q1 of

2012-13, the GDP growth rate further slipped to 5.5%. Manufacturing growth has suffered a

major setback with the growth rate plummeting to -3.2% in June 2012, compared to 11.1% in June

2011. A major factor driving this slowdown has been a slowdown in investment demand in the

economy, where the investment-GDP ratio has come down from 33.9% in 2011-12Q1 to 32.8% in

2012-13Q1. This fall in investment demand has been the main driver of the slowdown in growth

in the economy.

The main reason cited by the Prime Minister as well as his neo-liberal followers is that there has

been a decline in the investor confidence in the economy. This decline in investor confidence is

mainly because of two factors, one is the adverse economic condition existent in the world

economy as such and the other is the so called ‘policy paralysis’ which the government was

entangled in, which sent negative vibes to the investors to invest in India, in the absence of any

big ticket reform agenda. Therefore, the PM thought it prudent on his part to break away of this

‘policy paralysis’ and announced the measures of FDI in retail and other sectors and an increase

in diesel prices to ensure a ‘revival in investor confidence domestically and globally’.10

ORGANISATION :

The protagonists of the organized retail sectors proposes that these firms can offer wider products

and at lower prices to consumers as compared to unorganized retail industry. But another

10 Prime Minister’s speech to the nation on 21st September 2012, Available at: http://pmindia.nic.in/speech-

details.php?nodeid=1226 , Last visited on 30 November, 2012.

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important benefits of organized retail sector is that they offer safe products to the consumers as

quality control is one of the basic aspects of the organized retail. Since, in India, the food borne

diseases and contamination in the food products is an upright issue, the present policy would help

in bringing more quality products to consumers. The organized retailing corporations have the

ability to extricate the suppliers at the lowest cost from around the scape of the world. Moreover,

it will reduce wastage as it will also invest in cold storage facilities where there is 25 to 30

percent of wastage of fruits and vegetables produced in our country. Millions of tons of wheat and

rice are stored under tarpaulin or left out to rot in monsoon.11

3. Experience Of FDI In Retail Of Other Countries

Various studies have been conducted in different countries which show as to what were the effects of

the FDI in retail industry in those countries.

CHILE:

Modern retail in Chile entered in 1990’s, as a result of which large number of shops went out of

business in just few years between 1991 and 1995, almost ―15,777 small shops went out of business,

largely in Santiago, which represented 21-22% of small general food, meat and fish shops, 25% of

daily meat shops and dairy and other similar shops, and 17% in produce shops.12 In December 2011,

the competition authorities of the state ordered for an investigation of Chile‘s greatly intense grocery

sector, which was dominated by Wal-Mart which had the largest share that of 33.4% market share.13

11 Basu (2010) observes that India needs a redesign of the mechanisms by which the country acquires and releases food to the

market. 12 Mahtew Joseph, Nirupama Soundararajan, Manisha Gupta and Sanghamitra Sahu, “Impact Of Organized Retailing On The

Unorganized Sector” , Indian Council For Research On International Economic Relations, May 2008 13 Chile: Supermarket Sector Sending Out Sparks‖, Estrategia, 26 September 2011.

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MEXICO:

Mexico where the effects of global retailers on existing agricultural wholesalers is noteworthy, the role

of regional wholesale markets shrank significantly due to their increasing reliance on direct

procurement and distribution centers as well as the emergence of large, powerful intermediaries closely

linked with state government and export markets. Most notably, this sharp decline in sales coincides

with the increasing market share of big retailers like Wal-Mart and national food retailers.14

CHINA:

China allowed FDI in the year 1992 and at that time only 49% was allowed. But today China’s retail

industry is of 700$ billion. In the first phase, China allowed FDI in retailing with some restrictions:15

I. It was restricted to six major cities namely (including Beijing, Shanghai and Guangzhou,

Tianjin, Dalian, Qungdao) and Special Economic Zones.

II. Foreign ownership initially restricted to 49% of joint ventures.

III. Foreign retailers that operate large retailers will be limited to 50 units.

But in 2004 China opened its economy for FDI in retail industry completely with less restrictions.

Since then China attracted 22$ billion of FDI. Even the employment in retailing has also increased at 6

% per annum since 1992 to around 53 million. In 2003, FDI in wholesale and retail was US$ 1.1

Billion (Around 30% of our total FDI in 2003).16

14 James J. Biles and Et Al, “Globalization of Food Retailing and Transformation of Supply Networks: Consequences for

Small-Scale Agricultural Producers In Southeastern Mexico”, Journal Of Latin American Geography, Vol. 6 No. 2, 2007. 15 L. Dhamayanthi, S. Pradeep Kumar, School of Management , Sri Krishna College of Engineering and Technology,

Coimbatore, Apr 2006 16 Ibid

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Though the experience of other countries are to be taken into due consideration, however, it is to be

made certain that such an account shall not eclipse the present liberalized policy. We see peculiar

market conditions for different economies. Such a comparison can be pertinent so far as to get a better

understanding of the behaviour of such changes and their direct effect to their economy. Now, we see

that most FDI in retail models in the world have seen failure, we must endeavour to ensure that the

policy which is formed asserts a certain amount of stealth so that history doesn’t repeats itself. In the

instant case barring China, we see an over dependence upon such chains. We must ensure through

stronger anti-trust laws and more effective machinery that global integration, which is the aim of the

policy in India does not get translated into over dependence.

4. Conclusion

Foreign Direct Investment, like any other policy, has its supporters as well as detractors. It must be

pertinent to note here that a policy such has this one has the baggage of history as various substantial

technicalities.

The world we live in today is one which is scarred by recession, deficits and scarcity of funds. The

emerging trends of monopolies do not help the cause either. Specifically, in India, the foreign investor

has been become reluctant to invest in India given the political and legal kiosk created by ever so

maligned Uninor and Vodafone cases. So we see that there arises a need to resurrect India’s reputation

in the Global Market as well boost our economy with an injection of capital.

Furthermore it has been observed by the Planning Commission, in its The 12th Plan’s draft approach

paper that-

“Thus the average investment rate needed during the Twelfth Plan period is estimated to be 38.5 per

cent of GDP for the 9.0 per cent growth scenario with 4.5–5.0 average inflation. It would have to rise

as much as 41.4 per cent of GDP for the 9.5 per cent growth scenario with 5.0–5.5 rate of inflation”

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and in terms of investment in infrastructure the same document suggests that “The total investment in

infrastructure would have to be over Rs.45 lakh crore or $ 1 trillion during the 12th Plan period.

Financing this level of investment will require larger outlays from the public sector, but this has to be

coupled with a more than proportional rise in private investment”.

There are two issues that may arise whilst determining a manner in which to achieve the aim as so

engrafted by the Planning Commission-

Which area of the Market is to be exploited?

How that area is to be exploited?

With respect to the first issue, Retail seems to be relatively better option than other areas of the Market

owing to the nature of Indian retail sector being a highly unexploited one. In the year 2012 the Indian

retail sector was proposed to be of Rs. 18673 billion and it accounts for 15% of GDP and 8% of the

total employment. India being the home to largest middle-class in the world which constitutes 160

million in 2011, has become the most attractive and the most unexploited appropriate retail markets in

the world as the middle-class provides for a viable market place and cultural universe for global capital

to operate and flourish in India. India is the seventh largest retail market in the world which is expected

to grow at 7% over the next 10 years. Furthermore the organized retail only accounts for 5-7% of the

total retail in our country. Hence the retail sector becomes an obvious choice.

Coming to the manner of exploitation, here is where the jury seems split. Whether to exploit the

market-

(a) Domestically or;

(b) By way of foreign investment.

Since India is functioning on huge fiscal deficits which is Rs. 4.07 trillion of the full budgeted fiscal

year of 2012-13 which is 5.1 percent of our GDP17, so there is an urgent need for inflow of capital

investment. Beyond capital there is an essential requirement of technology and knowledge which will

help in global integration. The global integration in the retail industry will help farmers as they will be

able link up with global export markets in the world. For example Wal-Mart exports some 1 billion $

every year since it entered the Indian wholesale market.

17 Available at http://in.reuters.com/article/2013/01/31/india-economy-deficit-idINDEE90U08120130131, Last accessed on

12 May, 2013.

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The new age phenomena social welfare versus economic necessity plays its way into this debate very

ably. Given the state of affairs of the Indian economy and the socio-political situations of the recent

past, India is in dire needs of funds to avoid a foreseeable deterioration. However, a society ours,

which still suffers from the social evils like poverty, employment, malnutrition, illiteracy and also a

substantial dependence on agriculture, cannot at any cost afford to forget and ignore the welfare aspect

of our policy. Hence, we must instigate equilibrium with respect to welfare as well as economics.

Our Recommendations and Suggestions:

With the advent of global integration we must ensure that the benefits of such reforms reach the

domestic entrepreneurs. The promotion of retail trade within the domestic market must also be

promoted. A few policies which aim at facilitating retail trade to Indian citizens must be passed such as

subsidies, easy loans to establish retail practices among others.

There must be a floor limit for minimum number of workers that should be mandated under the present

regime. This shall ensure that the benefit of the employment is fully availed to the indigenous

population.

More effective competition laws must be ensured by the government, there must be amendments in the

competition laws, comprehensive remedial and punitive measures in case of anti-competitive practices

like dumping, abuse of dominance, anti-competitive practices or autonomy to CCI.

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ARGUMENTS AGAINST FDI IN RETAIL IN INDIA

Soumya Singh Baghel1

Manisha Navlani2

ABSTRACT

There were many debates over the entry of foreign mega retailers in India. The proposal had a great

opposition from the parties from left, CPI (M), Economists and small retailers. The paper explores the

impediments which will emerge from the FDI. The organised retail in India is developing fast. There is

a need for next five to ten years for its scaling up to have a visible impact on the backend operations of

Retailers. Government and business need to work together so that this opportunity is not lost but used

in a manner that benefits most to our country.

Further the paper explores the impact of organised retailing on unorganised sector. It will also study

the impact of retailing on neighbouring countries. And inefficiencies of the implementation of

competition laws in India.

1 II nd Year, BA. LLB., Institute of Law, Nirma University 2 II nd Year, BA. LLB., Institute of Law, Nirma University

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1. Impact Of FDI In Retail On Unorganised Sector

The road side shops selling grocery, a stationary cart without roof selling fresh vegetables and fruits

and hawkers paddling at signals constitute 98 percent of the total retail business of India as estimated

by A. T Kearney3. Retail and wholesale is largest of the service sector contributing 14 percent of the

GDP4. It gives employment to 7 percent of total workforce as surveyed by FICCI5. The economic

liberalisation started in India started in 1991 but could not open it for FDI in retail because of

opposition from the left and UPA government. The department of consumer affair commissioned

Indian Council of research and international economic relation (ICRIER) for the study of impact of

FDI in Retail in India. There are neither many empirical studies on the plight of these tiny traders and

nor has any government department considered it necessary to commission such a study6. India-

organized trade employs roughly 5 lakh people, whereas the unorganized retail trade employs nearly

3.95 crore .According to a Government of India (GoI) study, the number of workers in retail trade in

1998 was almost 175 lakh or 1.75 crore7. The reason behind the large scale of workforce working in

unorganized sector can be the low number of jobs available by organized sector. From year 1992- 2002

there were 413.88 lakh job-seekers registered in employment exchange in which only 30,000 jobs

added to the organized sector8. Resulting, job-seekers are forced to generate self employment and in

which retail trade in best option because it’s low capital and infrastructural need. India has approx 1.5

lakh small retail outlet in which more than 4 percent require not more than 500 sq. ft in size. According

to the A.T. Kearney’s projection of economy in 1999 shows that average India retailer turnover is

3,33,00 and according to FICCI estimate in 2003 its 11,00,000. Employing 93.5 million persons, out of

that only 4 percent is from organized retailing.

Retail in itself does not require large investments. One should not therefore expect this sector to attract

large investments. Even the expectation of employment generation is somewhere vague. The big retail

will think about their profit rather than employment generation in the country. Walmartization leads to

monopolization of retail trade and procurement as pointed out by the report which was made by the

CPI (M) which was the ground of their opposition. This was evident in the case of our neighbouring

country Thailand.

3 It is a global management consulting firm, focusing on strategic and operational CEO-agenda issues for the world's leading

organizations across all major industries and sectors. Available at http://www.atkearney.com/shared_res /pdf/FDICIOct_2004_S.pdf, Last accessed on 12 May, 2013

4 Presentation by FICCI conducted for ‘Strategy for financing service sector’, Sept’2004. 5 Federation of Indian Chamber of Commerce is a body 6 E.A.S Sharma, “Need for caution in retail FDI”, Economic and Political Weekly, (2005) Available at

http://www.jstor.org/stable/4417383, Last accessed on 12 May, 2013 7 Economic Survey, Ministry of statistics and Program implementation (MSPI), GoI, 1998. 8 “Monthly Abstract of Statistics”, Volume 57, No 7, July 2004, Central Statistical Organization, GoI.

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2. Competition Law: Improper Implementation

Laws are of great significance in the retail sector where corporate retail uses a combination of

predatory pricing,

high advertising and

promotional expenses

are used as standard competitive strategy against smaller players. The law defines predatory

pricing comprehensively as "any agreement to sell goods at such prices as would have the

effect of eliminating competition or a competitor".

By 1990, the definition of predatory pricing had evolved to include an "understanding by even a single

seller to fix prices below appropriate measure of cost for the purpose of eliminating competition in the

short run or reducing competition in the long run". The sub-section of the law was also used to deal

with cheap imports in the 1990s. The availability of evidence of actual cost and the intention to

eliminate competition thus became critical to prove predatory pricing as required under the new law.

It is difficult to prove of selling below cost and malafide intention which requires inspection of internal

documents and cost auditing which is difficult in case of firms located abroad. Even the disagreement

arises regarding which cost should be taken into account- the marginal, average total or average

variable cost.

"The spurt in food prices, particularly in retail prices which are proportionately surging ahead of

wholesale prices (cereals, pulses, vegetables and fruits) over the last two years is being attributed

among other factors to hoarding and the emerging dominance of multinationals in agribusiness, and

corporate retailing" (The Hindu 2002, Frontline 2008). It is hard to determine the distinction between

low prices which result from legitimate competitive behaviour and predatory behaviour is very thin

and difficult to determine.

As the multinational corporations entering into the Indian market are not dominant as they practice

predatory pricing. They also use location as the main tools of entry9.

9 Anuradha Kalhan, Martin Franz, “Regulation of retail: comparative experience”, Economic and Political weekly Vol. 44,

No. 32 (AUGUST 8-14, 2009), pp. 56-64. Available at http://www.jstor.org/stable/25663423, Last accessed on 12 May, 2013

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The policies to safeguard healthy degree of competition should be made. The best way of achieving

this is through ‘relevant market’ which can be done through the host economy’s openness to

international trade. Modern competition policy should focuses on efficiency and protection of

consumers.

The most important concerns are the impact of these retail chains on local competition; elimination of

small and medium-size retail and their environmentally wasteful use of resources particularly open

spaces in densely populated urban centres. The modern retail outlets, particularly the transnational,

large format chains have spread rapidly in the heavily populated urban region. Therefore we should

have laws to restrict development of large stores in inner city areas. If the competition law is meant to

protect, promote and sustain competition and protect the interest of consumers in markets, by

implication it needs to protect the small and medium size range of competitors in every geographical

zone. The workers in corporate retail are better off than their counterparts in small shops due to large

number of workers less than one roof makes it easier to unionise. They have comparatively higher

wages, written contracts and benefits like employee state insurance and provident fund entitlements.

But the prospects for continued-on-the-job training and upward mobility are limited.

This may also be a deliberate ploy to attract foreign investments. In this entire transition phase of

policy, large format multi product corporate retailers and their different size formats are in the process

of acquiring real estate and dominant positions in geo graphical areas within and around dense

metropolitan zones and smaller cities, elbowing out small and medium size shops10. Events on the

ground are racing ahead of regulatory adaptation, so much so that competition from the small and

medium type retailer in the sector may be whittled away before regulation strengthens and recognises

the fact. If the new competition law is meant to protect, promote and sustain competition and protect

the interest of consumers in markets, by implication it needs to protect the small and medium size

range of competitors in every geographical zone. Although the existing supply chain in India for many

goods is inefficient. But the promised efficiency improvement in supply change will have a huge

bearing not only the livelihoods of the estimated 70 million or more small shopkeepers, 'kirana' stores,

and street vendors but also on small and marginal farmers.

10 Kalhan, "Impact of Malls on Small Shop keepers and Hawkers," Economic & Political Weekly, Vol XLII, No 22, (2007),

pp 2063-66.

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Kirana store would face disadvantages relative to the organised player is higher procurement costs. As

kirana store will not have access to the access to the back-end supply chain. But this disadvantage can

be largely eliminated through government action. The government can make a law similar to the

robinson-patman act of the U.S.A. which addresses the same issue. The robinson-patman act or anti-

price discrimination act, also known as the chain stores act which that prohibits price discrimination by

chain stores or suppliers, stores. The objective was to ensure that businessmen at the same functional

level would stand on equal competitive footing as far as price is concerned. The incorporation of

robinson-patman act can replace the monopolies and Restrictive Trade Practices Act, 1969. The act

also prohibits certain vertical agreements which could take place in the retail industry if left

unchecked. Examples include: tie-in arrangement, exclusive supply arrangement, exclusive distribution

arrangement, refusal to deal, resale price maintenance, etc. The Act also prevents any abuse of

dominance through "predatory pricing", where a larger player charges low prices over a long enough

period of time so as to drive a competitor out of the market or deters others from entering the market

and then raises prices to recoup its losses. The Act also regulates combinations (mergers, joint

ventures, takeovers), which cause or are likely to cause an appreciable adverse effect on competition.

To summarise, there is a void in the Competition Act, which can be filled by framing a new law on the

lines of the Robinson-Patman Act. This should go a long way in placing the kirana stores on the same

competitive footing as the organised retailers.

2. Studies Of Wal-Mart

In two separate studies designed to examine the potential impact of Wal-Mart, the icon of modern big-

box retailing on poverty, and on levels of social capital in the US, it was found that a presence of a

Wal-Mart store in a community is associated with statistically Significant higher poverty levels as well

as a statistically significant degradation of community's stock of social capital. The poverty study

controls for a wide set of confounding factors that have been found by other researchers to account for

differences in poverty rates across communities. These include factors such as access to employment

and levels of education or human capital within the population. Most importantly, we carefully control

for the possibility of reverse causation, namely that Wal-Mart may deliberately seek out poor

communities, so that its location represents a reaction to, rather than a cause of, poverty. After

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controlling all of these factors, it was found that Wal-Mart is associated with higher poverty rates. It

was also found that, ceteris paribus, Wal-Mart tends to avoid communities with higher poverty rates11.

The effect of wal-mart on public welfare programme was tested. The presence of big-box chain is

associated with higher poverty rates. Most direct effect is the decline of existing small, family

operations that is caused by arrival of wal-mart or any other big-box retailer in a community poverty

rates will rise if displaced retail workers seek employment at the big-box store at lower wages because

they have no viable alter-natives. In India, it is at least theoretically possible that some of the workers

displaced from the informal sector may well be better off through higher paying jobs at the stores that

displaced them12.

Further question arises is what happens to the profit earned with a significant investment? Are they

reinvested locally or repatriated to the home country? It was found that all cash earned is send to its

headquarters on the same day, so that capital is not available for use in local community. Social capital,

or civic capacity, is an essential ingredient for economic growth to occur, according to Robert Putnam

and, more recently, Skinner and Staiger, who show that his variable is even more important than

certain economic factors in explaining why some regions lag behind others13.

To examine this theory, a follow-up study was conducted examining the effect of Wal-Mart on social

capital in US com-munities14. In particular, it was examined the effects of Wal-Mart stores that existed

at the beginning of the 1990s and the effects of new stores that were built during the 1990s on the level

of social capital stocks at the end of the 1990s decade. In both cases, the effect on social capital was

statistically significant and negative after controlling for other variables known to affect social capital

stocks in a community15.

11 Hema Swaminathan and Stephan J. Goetz, “The Retail Revolution': Do We Know Enough”? Economic and Political

Weekly, Vol. 42, No. 14, (April. 7-13, 2007), pp. 1246-1247,Available at http://www.jstor.org/stable/4419438, Last accessed on 12 May, 2013

12 Ibid. 13 Skinner, J and D Staiger (2005): “Technology Adoption from Hybrid Corn to Beta Blockers”, National Bureau of

Economic Research, Working Paper No 11251. Available at http:/ www.nber.org/papers/W1 1251i, Last accessed on 12 May, 2013

14 Goetz, Stephan J and Anil Rupasingha (2006): “Wal-Mart and Social Capital”, American Journal of Agricultural Economics, 88, 5, December, 1304-10.

15 Supra20

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2. Retail: Is It More Good than Bad?

The net benefits from FDI do not accrue automatically and their magnitude differs according to host

country and context. The payment of little or no tax by the unorganised kirana store owners who serve

96 per cent of the retail market by value in the country. To be sure, many of these kirana stores do not

earn much above the exempted income limits but tax compliance even by the bigger kirana stores

would have meant some tax income for the country. Overall, the economy will witness a culture of

better tax compliance as a result of the shift from the unorganised to organised sector.

Regardless of protecting the interests of the workforce employed in the unorganized and informal

sectors falls within purview of the exit policy or not, there is compelling need to formulate policies that

will take into account the requirements of the weakest section of the employee strata. FDI-induced

economic change may produce some adverse distributional and employment effects in the host country

.Both categories of problems should be temporary, but they can be prolonged and aggravated in the

absence of appropriate policy responses16.

Confederation of Indian Industry (CII) believes that while imposing a high minimum capitalization

requirement of USD 100 million would facilitate large investments, at the same time it would also

result in limiting foreign participation in the sector and making FDI in the retail sector restricted to

select large players only, which would not be conducive to either promoting FDI or in generating

healthy competition in the sector. Further, CII believes that there should also be a distinction in the

approach for food and non-food sectors given the nature, configuration and sensitivities of the food and

non-food retail segments in the Indian retail industry17.

FDI often contributes to creating a more transparent environment. There are cases of foreign corporate

presences encouraging more open government practices, raising corporate transparency and assisting

in the fight against corruption. More generally, by inducing MNEs to observe commonly agreed

standards such as the OECD Convention on Combating Bribery of Foreign Public Officials, the

Declaration on International Investment and the Guidelines for Multinational Enterprises, home-

16 Foreign Direct Investment for development maximizing benefits, minimising costs OECD Publications 2002, 2, rue

André-Pascal, 75775 PARIS CEDEX 16 Printed in France (00 2002 34 1 P) No. 81839 2002. 17 CII Perspective on Introducing FDI in Multi Brand Retail Trading Business for livelihood, Available at www.cii.in, Last

accessed on 12 May, 2013

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country authorities can contribute to raising standards for corporate Social responsibility in host

countries18.

To maximise benefits from foreign corporate a healthy enabling environment for business is

paramount, which encourages domestic as well as foreign investment, provides incentives for

innovation and improvements of skills and contributes to a competitive corporate climate.

4. Conclusion And Suggestions

The kirana stores can also take their own initiatives to cope with the new competitive situation. They

can form buying co- operatives, which will increase their bargaining power in dealing with suppliers.

If the buying cooperatives are large enough, they can even procure directly from farmers or processors.

The government should facilitate the formation of such cooperatives. The kirana stores can also tie up

with organised retailers and food processing companies. As mentioned earlier, Unilever and Reliance

have already started such initiatives19.

Big retail stores should be strictly for bided to open on Sundays and holidays. This may help the small

retailers. There should be regional planning regulation to control the development of the retail sector.

Due to FDI there will be increase in the retail marts outside of cities. Sometimes at highways which

can be obstacles to complete the development of the affected cities.

The drastic changes induced in these host countries due to the internationalisation of retail and the

inevitable protest by traditional retailers and intermediaries has led to the issue coming up before the

regulatory authorities. Hence we know regulatory authority.

There should be “private code of conduct” governing the relationship of organised retailers with

suppliers including manufacturers, wholesalers and farmers. Competition commission of India can

enforce rules against collusion and predatory pricing.

18 Foreign direct investment for development maximising benefits, minimising costs, “OECD Publications Service”, 2, rue

André-Pascal, 75775 Paris Cedex 16, France, p-22 19 Vijay Kumar, Yogesh Patwari and H. N. Ayush, “Organised Food Retailing: A Blessing or a Curse”? Economic and

Political Weekly, Vol. 43, No. 20 (May 17 - 23, 2008), ), pp. 67-75.

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The government should also assist traders and commission agents in reorienting their business models. It

should seriously consider giving them credit and providing other benefits like tax holidays, etc, so that

they can choose to become wholesalers if they so wish. This would be in line with the recommendation

of creating a more vibrant wholesale market, which would also mean better prices for kirana stores and

pushcart vendors.

Alternately, they could supplement their own competencies with manufacturing competencies to start

processing operations to supply private label goods to the retail segment. In summary, the recommended

actions are as follows:

(1) Assist farmers, especially the small ones, to form sales cooperatives;

(2) facilitate the entry of organised retailers - domestic or foreign - willing to enter the market;

(3) modify the Competition Act to include provisions similar to the Robinson-Patman Act;

(4) Actively assist the kirana stores to form buying cooperatives;

(5) Provide kirana stores access to the private labels of organised players;

(6) Eliminate corruption that hinders the business of pushcart vendors; and

(7) Assist traders and commission agents in reorienting their businesses to wholesale, processing

or other formats.

The productivity level in retailing will increase dramatically, leading to better quality jobs and higher

incomes. While organised retail would employ fewer people per unit of sales, overall employment

would increase if the economy continues to grow at the recent rates. Indeed, the onset of organised

retailing may be timely as the country is projected to face tighter labour markets in the not too distant

future. Most notably, given the shift in the food basket to higher value items, farm productivity in

terms of land as well as labour would increase.

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FDI IN RETAIL WILL HAMPER DOMESTIC INDIAN MARKET

Vimal Asthana1

Saloni Arora2

ABSTRACT

The current debate on FDI in multi-brand retail is primarily focusing on the effects on various socio-

economic segments in India in the short-run. Prima facie, benefits clearly overshadow the negative

impacts. But, in the long run these multi nationals entering the country are likely to create a monopoly

and exercise their discretion.

The paper first discusses the overall aspect of allowing FDI in multi-brand retail sector and then

discusses its negative impacts like the outflow of profit generated, disguised employment, unsolved

problems of farmers, adverse impact on the manufacturing industry along with the case study of

Thailand when it liberalized its policies relating to FDI in the retail market.

The paper also throws light on how the national interest can be safeguarded in presence of FDI and

the potential reforms in the polity and law of the Indian economy. The economy requires more

transparency and efficiency so that both foreign and Indian parties shall reap benefits out of it.

1 3rd Year Student, BBA LLB, Symbiosis Law School, Noida 2 3rd Year Student, Economic (Hons), Shri Ram College of Commerce, Delhi University.

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1. False Claim Of Employment

The most favouring point in multi-brand retailing is that it will produce employment for 1 crore people

by 2020. But, such an argument is without any basis for its correctness. Rather, taking the example of

America, there is no competent of Wal-Mart in retail and that its annual turnover is approximately 30

lakhs crore although only 21 lakhs people are involved. The irony lies in the fact that India’s total retail

industry is worth 20 lakhs crore and is employed with 4.40 crore of people across the country. This

perspective makes it clear that India’s retail sector is a much promising employment provider3.

The reform is deemed fatal, for currently only 5% out of 450 billion retail market in India are

‘organized retail’ (i.e. retailer with a license)4 . As a consequence, it is not hard to imagine why

millions of small businesses would fall into the panic of being wiped out facing enormous magnitude

of multi-national companies.

In fact, according to a study by ICRIER, one Wal-Mart supermarket can displace over 1300 Indian

small retail stores and thereby render around 3900 persons jobless. The employment created against

this in that supermarket will be 214 (or maximum 225, which is the average in the US). Clearly, there

will be severe job losses if giant MNC supermarkets are allowed entry into the Indian market5.

Also, the prospective employment opportunities are not there for the very-high-in-number 'semi-

illiterate' population of India. In such a scenario, the claims of creating employment opportunities do

not hold true at all6.

2. Monopoly Threat

Global retail corporation will establish a monopolistic or/an oligopolistic market, capturing the

essentials commodities (food product, etc) market whose supply and pricing decisions will be

controlled by the MNC’s and the organised retailers, also causing job losses. There is an expected

3 Kirtan Pandya, “Negative Impact of FDI in Retail”, Available at http://www.slideshare.net/KirtanPandya/FDI-in-retail-

negative-impacts, Last accessed on 12 May, 2013 4 Ruo Shangguan , “FDI reform of retail in India”, The Times of India, 31 October 2012.

5 Sample survey of unorganised retailers done by the ICRIER in 2008 -'Impact of Organised Retailing on the Unorganised Sector', ICRIER, May 2008.

6 D. Dutt, “An outlook for Retailing in India, Vision2005” (From a presentation by KSA Technopak at MDI Gurgaon in January and February, 2004).

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displacement of a large number of unorganised retailers and small kirana shop owners. Also, the

oligopolistic condition shall spread in the manufacturing sector as well. Currently, manufacturing

sector accounts to 16% of contribution to GDP which in absence of an FDI is expected to touch a 25%

mark in a decade7, but shall reduce due to the segmentation of the market available to the

manufacturers, once FDI comes in.

Such an establishment is likely to drive the then existing small retailers out of business. These

monopolies created such as Wal-Mart or Carrefour work on economies of scale and thus, have

considerably lower average production costs, thus, having an edge above the existing small retailers in

the organized as well as unorganized sector. In the long run, it is likely that the established monopolies

then increase their prices and also, exploit Indian labour at lower wages.

The best example is the war that was fought between the indigenous soft-drinks manufacturers and the

international giants Pepsi and Coke. Both the erstwhile Janatha Government drove out the companies

Pepsi and Coca Cola in 1977-78 that re-entered in India during 1989-90. During the re-entry stage, the

giants found that comfortable market was enjoyed by the indigenous manufacturers such as Parle etc.

The Pepsi and Coke found that the pricing strategy will give a blow to the Indian software marketers

and they started to sell 250/300 ml bottles at the price of Rs.5/- whereas the Indian marketers were

selling 200 ml at the cost of Rs.6/-. This aggravated their markets and the hot and chirpy taste of the

foreign giants made a trick in the psyche of the consumers. The tingly taste was liked along with a

lowered price for the commodity and that was the death bell for the local manufacturers. The Pepsi and

Coke amalgamated or purchased all the Indian manufacturing companies along with their bottling units

and converted them into its own marketing and manufacturing units.

3. FDI In Retail: Experience Of Thailand

In this context, the experience of Thailand, which opened up its retail sector for FDI in the 1980s,

could be an eye opener for us. The Thai government liberalized their trading sector before the GATS

negotiation process was started. European retail giants Tesco, Royal Ahold, Carrefour had set up their

operations in Thailand. As expected, many of the traditional retailers had to down their shutters, unable

7 Retail Sector Growth in India’ Available at http://www.scribd.com/doc/ 83459653/23717847-Retail-Sector, Last accessed

on 30 January,2013.

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to compete with global firms in an unequal fight. For example, traditional traders controlled 74% of the

retail market in 1997 but by 2002, their share came down to 60%. Faced with severe criticism from

local retailers, the government announced that they would put control on large retail establishments by

imposing the zoning policy regulation. In 2002, the ‘Retail Business Act' was enacted to control the

expansion of foreign retailers. However, the Thai government changed their decision on zoning

regulation allegedly under pressure from European Commission (EC) who had requested Thailand to

open up their retail sector through GATS negotiations. As WTO lists zoning laws as “trade barriers”, it

is feared that the Thai government would lose the most effective tool to control the expansion of giant

retail chains if they further open their retail sector through commitments under the GATS negotiation

process8.

4. Impact On The Manufacturing Sector

The contribution of agriculture in India to the GDP has come down to about 16 percent. About 60

percent Indians are employed in the agriculture sector. Thus, there is huge underemployment in the

agriculture sector. In the normal course, as the Indian economy grows, it leads to large job shift from

agriculture to manufacturing. Bulk of the jobs is created in the manufacturing sector. India needs to

transfer a large part of its working population from agriculture to manufacturing. For this, India needs

a robust broad-based manufacturing which grows at a much faster rate. For manufacturing to grow,

India has to transform ourselves in to a low-cost economy, where cheaper and good quality products

are available. Nobody consciously buy costly goods. This is precisely the reason, why the pendulum

has swung in favour of low-cost manufacturing economies. India needs manufacturing sector reforms,

cheaper loans, low cost utilities and power availability, proper infrastructure and trade facilitation.

India needs to have a taxation regime, which is globally comparable. It is only then that India can

compete with the low-cost manufacturing economies. The first adverse impact of allowing FDI in

multi-brand retail will be loss in manufacturing jobs. India’s manufacturing growth has to shoot up to a

12 -14 percent growth rate as was witnessed in China. Without taking adequate manufacturing sector

reforms, allowing FDI in retail will hit India’s manufacturing sector. In USA, when structured retail

replaced unorganized retail, more than 40 percent jobs in manufacturing sector were lost in the past 30

years. In 1979, the US employed 19.5 million Americans in manufacturing. Despite being the most

8 Dipankar Day, “FDI in India’s Retail Trade: Few Missing Issues in the Current Debate”, PhD Faculty ICFAI Business

School, Social Science Research Network, January, 2009.

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powerful economy in 2009, this figure has come down to 11.8 million – loss of 7.7 million jobs. Stores

such as Wal-Mart, Carrefour and Tesco which have shown interest in entering India would source most

of their products from outside India. Once, our manufacturing sector suffers, the writing on the wall

would be two-fold. Firstly, we will have retail stores owned by the Europeans and Americans selling

Chinese products. India would be a nation of sales boys and sales girls. Secondly, with India’s

manufacturing suffering, the danger of India being a nation of traders would stare us in the face9. Thus,

this will be a huge blow to the manufacturing industry.

5. Effect On Farmers

The pro activist supporter of FDI claims that the coming of FDI in the retail sector will help in

increasing farmer’s prosperity in general. They claim that the giant multinational will procure

commodities directly from the farmers, resulting in increase in the income of the farmers as the

intermediaries are wiped away.

But when we take the Indian Scenario, the picture changes a bit. Majority of the farmers work in their

farms during the harvesting season, while for the rest of the 6 months, the same farmers act as

intermediaries to market their own harvest. Bringing of FDI in retail sector will render these people

jobless for the remaining period.

Also, they shall face stiff competition from the increased produce imported from other countries.

Example; apple imports in Himachal have increased from 35,832 tonne in 2006-07 to 1.15 lakh tonne

in 2010-11 to 2 lakhs tonne in 2012 10, which is directly affecting the interest of domestic producers.

An argument that holds relevant here is that the small scale farmers may benefit from the provision of

a direct market and the removal of a middleman but the monopoly position of the giants will actually

leave the petty farmers at the mercy of these big retail traders who will employ them at lower wages.

The case for FDI in retail is often made on the basis of the need to develop modern supply chains in

India, in terms of the development of storage and warehousing, transportation and logistics and support

services, especially in order to meet the requirements of agriculture and food processing industries.

While the infrastructure and technology needs are undeniable, the belief that the entry of the

9 Arun Jaitley in his speech “opposing FDI in multi-brand retail”, in Rajya Sabha, May 2012. 10 A. Bodh, “Farmers fear adverse impact of FDI on apple farming Himachal”, The Times of India, 14 September, 2012.

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multinational food retailers is the only way to build such infrastructure or upgrade technology is

unfounded. That can also be achieved by increasing public investment and government intervention.

Moreover, the pitfalls of relying upon an agrarian development strategy driven by food retail chains

and giant agribusinesses have already become clear through the experiences of several developing

countries like Malaysia, Thailand and Vietnam. Small horticultural farmers find it almost impossible to

meet the private quality and safety standards set by the food retailers, which are generally much higher

than the national standards. Even the big farmers have to bear high risks while supplying their produce

to the food retailers and many get eliminated under the ‘preferred supplier’ system11.

The assistance claimed, in training credit equipment and other needs are not likely to be generalised.

Over time, the poor, small farmers will face increasing challenges to survive in the market as it

modernizes.

When farmers enter super market channels, they tend to earn 20-50% more in net terms. But to stay in

the supply chain would require farmers to make more up-front investments and meet greater demands

for quality consistency, and volume compared with marketing to traditional markets.

In a pan-Indian survey, over 75% of the traders claimed their marketing resources will continue to be

needed to push sales through multiple channels, but they may have to accept lower margins for greater

volumes.12

6. Cultural And Sociological Impact

Not only shall this create a long term impact and short term chaos in the Indian economy but is also

expected to create a chaotic position for the polity and society of India. The various trade unions have

already started expressing their disapproval and it is highly probable that for the states allowing FDI in

their region shall witness high instability in the politics of the region. And for any country, unstable

state governments can pose problems at the central management as well.

Also, India is known for its cultural and ethical values. These will definitely be influenced by foreign

intervention.

11 A. Sharma 'Defend Indian Livelihoods' Available at http://www.firstpost.com/ tag/FDI-Policy, Last accessed on January

6,2013. 12 Rupali Gupta, “FDI in Indian Retail Sector: Analysis of Competition in Agri-Food Sector”, Internship project for

Competition Commission of India, Dec 2011, p.6

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Another problem of concern here is that India is still in its developing stages, or, in other words, is not

among the developed countries as yet. Dynamic scale economics, like external economies at a time,

potentially justify protectionism. Suppose that a country could have low enough costs to produce a

good for export if it had more production experience, the good cannot be produced competitively. Such

a country might increase its long-term welfare either by encouraging the production of the good by a

subsidy or by protecting it from foreign competition until the industry could stand on its own feet. This

is also known as the Infant Industry Argument. It is simple economics which in such a scenario,

suggests that the industries in its nascent stage be protected. These are the industries which over-time

reduce their average cost of production but require protection from competition in its initial stages. In

presence of a fierce foreign competition, it is likely that the self-sufficiency of India be disturbed.

Thus, for short term benefits, it is not a just move to dig a pit for self in the long run13.

7. Protecting National Interest

The key to protect national interest is not whether allow FDI or not, but how to calibrate laws in order

to create a transparent and stable commercial environment in which both locals and foreigners can

benefit. In Ruo Shannguan’s opinion, at least three points are worth emphasis in the new

regulations.14First of all, to improve manufacturing export and mitigate unemployment, local

procurement and employment should be guaranteed. Moreover, regulations need to spur a healthy

competition that cultivate local brands on one hand and prevent foreign invasion on the other. Finally,

foreign companies should be encouraged to bring capital and expertise into construction of

infrastructures and logistics that facilitate direct sales of agricultural products. As agriculture provides

livelihood of over 58.4% of population15, enhancement in agricultural efficiency plays critical role in

increasing national welfare.

In conclusion, law reform brings both difficulty and opportunity. FDI comes in with destructive effects

as it initially appears, but yes under appropriate legal framework, it is more an exciting chance for

India to embrace modernization and globalization.

13 Paul R.Krugman, “Infant Industry Argument” 14 V.Mallet, “Indians voice anger at reform plans”, Financial Times, Available at http://www.ft.com/cms/s/0/4138b80c-02cc-

11e2-8cf8-00144feabdc0.html#axzz2A0ZrbQBY, September 2012. 15 Ruo Shangguan, “FDI reform of retail in India”, The Times of India, 31 October 2012.

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8. Stiglitz View On FDI In Retail

Nobel Prize-winning economist Joseph Stiglitz of Columbia University has black-flagged the FDI.

Delivering a lecture on 'Redefining Capitalism', in Patna on January 15th, 2013, Stiglitz spoke of the

'monopsony power'16 of a retailer (evidently referring to US retail giant Wal-Mart) waiting to enter

India, which would bring little to the table. "This particular retailer can use its immense clout to

displace Indian goods in the market to the detriment of small manufacturers and retailers," he said.

"This retailer is also known for bribery in Mexico. But then Indians have their own expertise in this

matter," the Nobel laureate said. Stiglitz also argued there was no such thing as an ideal capitalism

model. "Capitalism has to be continually redefined. Each country has to decide what kind of market

economy is ideal for it by way of benefiting the largest number of its citizens. The state's role is critical

in making a success of the model adopted," he said. The former World Bank chief economist warned

that countries copying the US model of capitalism ran the risk of ending up in a soup as inequality,

especially of opportunity, remained a serious problem in the country.17

9. Conclusion

We must remember that FDI will only help in establishing new stores only in the urban settlement.

Now, as per the census of 2011, these urban settlement have a population of 14,06,87,573, which is

merely 11.5% of the Indian population of 120 crore.

It is further argued that FDI would bring in much of the needed finance in the Indian retail sector. But,

when we come to Indian business houses such as Reliance, Tatas, Bharti, Aditya Birla, we note that

they have already jumped into the retail sector and by no stretch of imagination, they seem to be in

short supply of funds. As such I don’t agree with the idea that the funds to fuel the retail boom into our

economy needs to be imported from outside.

We must understand that there is a chalk and cheese difference between the composition of the Indian

and Western economy. For an economy like India which is labour surplus, such standalone retails like

‘Kirana Stores’, hawkers, etc perhaps provide the most convenient source of self employment.

16 Monopsony is a state in which demand comes from one source. If there is only one customer for a certain good, that

customer has a monopsony in the market for that good. Analogous to monopoly, but on the demand side not the supply side.

17 J. Stiglitz, “FDI in Retail”, The Hindu, 15 January, 2013, Available at http://www.thehindu.com/business/Economy/tread-FDI-path-cautiously-stiglitz-tells-india/article4307798.ece, Last accessed on 22 April,2013.

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Therefore, while we speak about the employment opportunities such organised retail would bring, we

must not forget the fact that it seeks to convert a large chunk of our population into salaried class, in

the process crushing the entrepreneurial spirit of our country and further widening the already rising

inequality.

Many are of the view that FDI will lead to increased prosperity of farmers by positive backward

linkage effect. However, the minimum requirement for sourcing such goods from domestic market is

only 30%. This is merely a token requirement as compared to the market we are throwing open to such

retailers and will inevitably lead to dumping of foreign manufactured goods. Moreover, it will sooner

or later, result in creation of market where a few buyers will dominate the scene, especially, in urban

nearing areas, thereby adversely affecting the interest of the farmers for whom it is now considered to

be a boom.

Lastly, the fact must be acknowledged that the Indian consumers have markedly different

characteristics against western countries. ‘One shop purchase’ preference of a buyer generates a need

for such a retail structure. In a country like India where the majority of the population still dwells in the

rural areas such a move is not the need of the hour. There was a recent fall of retailers like ‘Subhiksha’

and fall in sale of Pantaloons. All such factors hints that India is still at a premature age for such

organised retail to rush in and FDI will cause further harm in consolidation of this sector.

Thus, to conclude it can be said that while FDI in multi brand retail seems to be a bed of roses, in

reality it is a mixed blessing where perhaps, the disadvantages far outweigh the advantages as things

stand today in our economy. We need to open up those areas to foreign investors where there is

shortage of funds or domestic investors are apprehensive about investing such as infrastructure, power,

etc. The need of the hour is to expand our economy and not just to increase the competitive

environment without any real growth as with such FDI in retail the consumption side is not likely to

rise and the sellers are merely replaced. We need to make our vision clear before we embark on such

reforms which will not bring any real growth to our economy.

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BIBLIOGRAPHIC NOTE

This report has drawn on a wide range of materials including background studies,

internationally sponsored economic researches, empirical surveys carried out by researchers

and many others. Citations in the footnotes refer to the specific sources used. The list of

principle sources and specific contributions to different papers is mentioned below.

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