
Second-largest NZ processor warns Ministry against weakening Fonterra oversight, citing risks to farmgate competition and market entry.
New Zealand’s second-largest dairy processor, Open Country Dairy (OCD), has formally raised serious concerns regarding the direction and framing of the government’s ongoing review of the Dairy Industry Restructuring Act (DIRA). In a submission to the Ministry for Primary Industries (MPI), the Talley’s-owned processor rejected claims that the 25-year-old regulatory framework represents unnecessary “red tape,” maintaining that DIRA remains a necessary regulatory guardrail against Fonterra’s market dominance.
The review, initiated by Agriculture Minister Todd McClay, aims to re-evaluate key provisions including raw milk pricing formulas, regulated wholesale milk supply obligations, and open entry and exit rules for farmers. OCD Chief Executive Mark de Lautour expressed deep concern that the terms of reference lean heavily toward deregulation, warning that removing fundamental protections could undermine decades of work aimed at fostering a competitive, multi-processor dairy market.
While Fonterra’s share of New Zealand’s total milk pool has gradually declined from 96% at its creation in 2001 to approximately 78% today, OCD points out that independent processors still operate at a structural disadvantage. With OCD holding roughly 12% of the national milk pool and other independent processors accounting for minor market shares, the company argues that Fonterra continues to possess significant market power that requires strict legislative oversight.
A major focus of OCD’s submission centers on regulated wholesale milk supply and price transparency. OCD cautions that following Fonterra’s sale of its Mainland Group consumer brands portfolio to Lactalis, a post-divestment Fonterra focused purely on bulk ingredient manufacturing would have both the incentive and ability to squeeze independent processors on raw milk pricing if DIRA’s regulated supply rules were removed or diluted.
Looking ahead to the upcoming release of the government’s formal issues paper, OCD confirmed it will submit further economic modeling demonstrating why general competition law under the Commerce Act is insufficient to regulate Fonterra’s unique market position. The processor emphasizes that maintaining a transparent, workably competitive market is essential for attracting long-term capital, encouraging processing innovation, and protecting farmgate milk prices for New Zealand producers.
Source: Farmers Weekly New Zealand / BusinessDesk New Zealand
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