ComCom wants to see fuel price come down in a fair and timely way
The Commerce Commission is reminding businesses to ensure lower fuel costs are passed through to customers through prices at the pump and the reduction of any surcharges.
Commissioner Bryan Chapple says it was reasonable for businesses to adjust their prices in response to higher and more volatile global wholesale prices, but adjustments should be made when prices come down as well.
“It’s been a difficult period for many consumers and businesses as we’ve felt the flow on effects from the conflict in the Middle East. Now that we’re seeing some stability in the region, we expect this will lead to lower imported fuel costs and we want to see that reflected in the prices consumers are paying.
“We expect to see decreases in global costs passed through to prices at the pump in the same way the increases have been. We’ve made this expectation clear to the fuel companies and will be continuing our weekly monitoring of prices so we can call out any behaviour that is cause for concern,” Mr Chapple says.
The Commission does not set fuel prices and does not have powers to control them. Its role is to monitor, report and hold companies to account through transparency and scrutiny. It is also the Commission’s job to ensure the sector remains competitive and that representations around pricing (including reasons behind any changes) are fair and accurate.
As global costs decrease, the Commission is also reminding businesses that fuel surcharges and Fuel Adjustment Factor (FAFs) must reflect only the additional fuel costs your business is facing.
Mr Chapple says placing or increasing a fuel surcharge on a product or a service is legal, so long as the business is transparent and upfront about the surcharge and what it’s for.
“As fuel costs go down we expect any surcharge or fuel adjustment factor to reflect this reduction in cost. While surcharges and FAFs may not immediately disappear, they can’t be used as an excuse to recover unrelated expenses or to increase margins,” Mr Chapple says.
The Commission is encouraging anyone who believes a business has been misleading about the reason for price changes to report it.
Background
The Commission has previously used its monitoring role effectively in regions such as Thames and Waiheke, where transparency and public scrutiny contributed to greater competition on pump prices for consumers.
The Fuel Industry Act 2020 sets up a regulatory regime for fuel with the purpose of promoting competition in engine fuel markets for the long-term benefit of consumers.
The Commission does not set fuel prices and does not have regulatory powers to control them. High prices and price increases in and of themselves are not illegal under the Fair Trading Act. However, the law prohibits misleading and deceptive conduct, and false representations. Where we have concerns about potential non-compliance, we may investigate. If we consider a breach has likely occurred, we will apply our Enforcement Criteria to select from a range of enforcement responses. One possible response is to seek fines against industry participants in the courts.