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Batsa argues that the ability to do this was especially significant with regard to the placement of secondary promotional materials at the points of sale given that a large proportion of the CDUs used in organised convenience were not macrobats but rather pacrobats which provided.
The South African cigarette vending market is highly concentrated with five VMOs accounting for over 93 of cigarette sales by volume and 83 of cigarette vending machines.
Mr Potgieter, a batsa witness, averred that batsa focused on metropolitan stores because of the cost entailed in taking value added services, the incentive to participate in Vecta, to stores from outlying areas and that it would be difficult for the retailers to come from.Again we must conclude either that JTI accorded little significance to the promotional opportunities afforded by this channel (and thus it would be hard pressed to simultaneously claim significant foreclosure in this channel) or else it has chosen to fight its battles in the Competition.In keeping with the approach of Shoprite Checkers, rate of sale is the fundamental criterion in allocating space and ranging and listing remain the preserve of Pick n Pay.Batsas trade investment agreements are the purchase of a limited exclusive which, to be sure, extends privileges largely in the shape of preferential allocations of space and position to its brands.Nor have the exclusive agreements concluded with horeca venues precluded their rivals from bidding for these or other venues.However despite the undeniable significance of this channel from a distribution perspective, the applicants insist that it offers limited promotional opportunities.It appears that Rothmans promotion of its brands relied heavily upon above-the-line advertising.The most accurate and disaggregated data is nowadays procured from the retailers scanners when available electronic point of sale or epos data and then sold by the retailer to the category captain and the other manufacturers who wish to participate in the space allocation function.The retailer owns the space in which the space and position is being allocated and retains, at all times, the final word on the exercise of all of the category captains twilight princess easy money functions including the role assigned those suppliers who are not responsible for managing the.It is not surprising then that of all the organised retail channels this has proved to be the site of greatest contestation between the cigarette manufacturers and, inevitably then, between the retailers and the manufacturers.




Organised convenience The relationship of the cigarette manufacturers to organised convenience is somewhat different to that of organised grocery.Certainly we believe it extremely unlikely that batsa would have removed one of its CDUs in order to punish non-compliance.These arguments are not entirely persuasive.Some rather token efforts to identify direct consumer harm have been made by both JTI and the Commission.The new restrictive regulatory regime outlined above was the product of intensive lobbying by health activists.Retailers can obtain a further 200 points for participating in and implementing cycle activities initiated by batsa.These are the prestige or super premium category which accounts for approximately 1,1 of all cigarettes sold in South Africa; the premium category which accounts for some 8,5 of cigarette sales; the popular category which accounts for 78,6 of cigarette sales; and the value for.This much is conceded.As we shall demonstrate, this unremarkable insight regarding the elevated importance of the POS under dark market conditions has not escaped JTIs attention either, also a major multinational with the range of experience possessed by batsa.But of critical importance, it appears that while the trade investment agreement is concluded between the franchisor and the batsa head office, individual stores are not thereby precluded from entering into independent agreements with other suppliers.
They point to clauses in the equipment loan agreements (ELAs) the agreements that govern the provision of the merchandising equipment - that make reference to plannogramming rights.

We do not believe that the vending machines are particularly attractive promotional channels and even if we were to accept this, it is clear that batsas rivals have successfully contended for promotional opportunities in this channel.
Indeed, for many and this, as we shall see, includes many sophisticated and experienced retailers the unusual strength of the loyalty factor underpins a belief that merchandising and promotional initiatives will have little impact on the fortunes of any particular brand.
After all the strongly stated principle of category management which holds that all participants in the category should be consulted by the category captain and that the retailer should supervise the activities of the category manager and retain ultimate decision making power over the management.


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