“We need more schedule flexibility to be able to compete with the giants of electronic commerce”. This is the claim that the large distribution and consumer companies have sent to the Generalitat de Catalunya during the debate on the reform of the trade law. The traditional companies want to introduce modifications to the draft law that the Government launched and which is currently undergoing public consultation. A preliminary project that does not introduce major innovations in terms of business hours and that, therefore, maintains the general obligation to close on Sundays and non-authorized public holidays. I would only authorize opening on a public holiday if two or more consecutive ones coincide.
The preliminary project of regional legislation, competent in the matter, falls short, consider the companies. “It should be suitable for the year 2023”, they complain. “We are dealing with an initiative more typical of the nineties and which is not sufficient to compete against Amazon or Aliexpress”, lament those affected. Each business organization has presented its allegations and all agree that the reform should be more ambitious.
The National Association of Large Retail Companies (ANGED), which represents chains such as El Corte Inglés, Carrefour, Alcampo, Ikea and Mediamarkt, has long been demanding to expand the flexibility of hours so that shops do not have to remain closed for a total of almost two months a year. The organization claims, in short, to converge towards “a trade with fewer barriers”.
His position is supported by a report from the Catalan Competition Authority published in August, in which he analyzes the draft law. The regional supervisor points out that, in general terms, the legal proposal would pose problems for the offer and proposes to introduce deeper changes. Anged also recalls that, in the European Commission’s latest index on commercial freedom, Spain is at the bottom, only surpassed by the barriers to flexibility in France and Austria.
The Association of Manufacturers and Distributors, Aecoc, is another organization that has presented its allegations to the Generalitat. They go for another area. The grouping positively understands the role of e-commerce companies in the economy, although it considers it appropriate to address the challenges with physical stores. In this sense, the association calls for more precise regulation of the so-called dark stores, the shops dedicated to the processing of the goods of virtual companies. “The concept included in the text is broad, ambiguous and includes many businesses that, conceptually, are not in themselves” dark stores, he argues, among other issues.
Cedac (Consell d’Empreses Distribuïdores d’Alimentació de Catalunya), associated with Asedas, which represents Mercadona, Lidl and other large chains, has also submitted its allegations to the draft law. However, he prefers not to reveal his claims.
In general, the distribution companies ask that the law that ends up being approved by Parliament brings “legal certainty and consistency to trade with the aim of guaranteeing the proper functioning of the market”. The sector hopes that the draft will become a bill before the end of the year.
