India’s Closed Shop. Excessive regulation turned Delhi’s retail opening into a failure

India’s Closed Shop. Excessive regulation turned Delhi’s retail opening into a failure.

Updated Oct. 17, 2013 5:37 p.m. ET

Wal-Mart WMT +0.24% last week announced it would close its retail outlets in India and part ways with local partner Bharti Enterprises. The American company says it can’t make a profit due to a government requirement that 30% of inventory be sourced from local channels, a rule that doesn’t apply to Indian firms. Wal-Mart’s exit means not a single multinational is taking advantage of India’s decision last year to allow foreign retailers to own 51% of joint ventures.This outcome is frustrating because the political battle to crack open the retail business to foreign competition has been so bruising. Prime Minister Manmohan Singh first proposed to let foreign multi-brand retailers own 51% stakes in joint ventures in 2011. Protectionists in the opposition Bharatiya Janata Party and Communist Party of India mounted a strong attack, and Mr. Singh’s ruling Congress Party backed down in early 2012.

Later in 2012, Mr. Singh tried again, and this time Parliament passed a law permitting foreign investors to hold a majority stake in supermarkets. Yet the reform was weighed down with onerous requirements. In addition to the 30% local sourcing requirement, foreign firms are allowed in only if they invest at least $100 million, with 50% of that going to back-end infrastructure such as storage and warehouses. Foreign retailers can only enter cities with populations of more than one million, and local governments can veto any proposed store.

Wal-Mart will still operate 20 wholesale stores, on which regulations are more lenient. But its inability to open supermarkets will harm poor households that stood to benefit most from the higher quality, increased choice and lower prices of a more competitive market.

Modern distribution chains would also do wonders for a country with dismal farm-to-table transportation. An estimated 40% of food in India rots or is siphoned off by corrupt hands before reaching consumers.

Finance Minister P. Chidambaram has adopted a sour grapes attitude, calling the world’s largest retailer a “speck” in India’s market. “If Wal-Mart is still not satisfied, so be it,” he says.

With elections early next year, Indian politicians are unlikely to fight for more liberalization of the retail trade anytime soon. Investors are left to wonder how much more bad economic news it will take before Delhi gets serious about reform.

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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