Layers of Laws
Lebanon began building the legal foundations of its consumer price regulations half a century ago. Decision 277/1 of 1972, later amended by Decision 173 of 1977, caps the profit margin at each stage of the supply chain for each category of product covered by the decisions. The power to intervene more forcefully came with Decree Law No. 73 of 1983, which allows the minister to set maximum prices and profit rates, requires traders to declare their stock, and, where no ceiling is set, forbids selling any good for more than twice its cost. Its sixteenth article makes an abnormal or unjustified increase an offense in itself, and the decree defines monopoly, hoarding and the concealment of goods as violations. In 1996, the maximum fine for violations was set at LL100 million, roughly $66,000 at that time, and prison terms of a few days to three months.
The Consumer Protection Law 659 of 2005 established the Consumer Protection Directorate (CPD) and directed the state’s attention to a product’s place on the shelf, regulating price displays, labeling, misleading advertising, complaints, and inspection reports. It was made to protect the shopper, not to police the supply chain, which is why judging margins still falls back on the older texts.
The newest addition, the 2022 competition law, Law 281, was meant to supply what the others lacked: a way to act on market power itself. It bans cartels and the abuse of dominance, and it creates a National Competition Authority (NCA) with a seven-member council, an investigation unit with powers equivalent to judicial police, and the ability to fine individual offenders 100% of their revenue from the product, and fine firms up to 10% of their entire business volume from the previous year, and force businesses to close for up to three months. The law even allows the cabinet to set temporary prices in an emergency, though only after the authority has given its opinion. In the four years since the 2022 competition law, however, the NCA remains yet to be established.
Where the Wheels Come Off
The legal apparatus to guide state regulation of consumer prices is supported by a reasonably effective monitoring mechanism. The Director General of the Ministry of Economy and Trade, Mohammed Abou Haidar, described to BADIL a system that keeps tabs on the whole supply chain, as well as “looking at how much prices had actually risen abroad, so we could see how much profit [importers] were adding.” The ministry notes abnormal price movements and sends inspectors after them. Since the start of the war, the Consumer Protection Directorate has carried out 5,708 inspection visits and filed 256 violation reports.
The weakness is in the standards that inspectors use in their reports. Officially, these margins’ thresholds have not been updated since the 1970s and no longer apply to the modern economy. Inspectors thus use them with “a margin of leniency adopted within defined limits,” as CPD head Tarek Younes described it to BADIL. Put differently, the ministry has developed its own ad hoc in-house standards for assessing consumer price margins. Where a product’s cost cannot be fully reconstructed, the case rests on the looser test of a so-called “abnormal increase”. In either case, the public never sees the considerations behind a judgment, as the ministry has never published the current cost methods and margin criteria by which prices are assessed, and has let lapse its previous price indicators. Without those, no outside verification of a violation report is possible, whether by shoppers or journalists.
Alongside the CPD, there is the National Consumer Protection Council (NCPC), the inter-ministerial National Price Policy Council (NPPC), and the Technical Centre for Pricing Policies (TCPP). The NCPC acts as an advisory body, the NPPC coordinates policies among ministries, and the TCPP monitors market prices and publishes reports. (See Graphic).