John Swinney's plan to cap food prices 'not needed' and 'ill-conceived' says former judge

By MICHAEL BLACKLEY, SCOTTISH DAILY MAIL POLITICAL EDITOR Published: 18:23, 17 August 2026 | Updated: 18:24, 17 August 2026 John Swinney is under pressure to drop his food price cap plan after a competitions expert raised concerns over legal barriers to the ‘ill-conceived’ policy. Sir Iain McMillan, a former judge at the Competition Appeal Tribunal, has warned that the proposed legislation could contravene both the Competition Act and the UK Internal Market Act (UKIMA). John Swinney announced his plan for ‘price ceilings’ on between 20 and 50 essential food items in supermarkets, including milk, eggs, bread and chicken, during the Scottish parliament election campaign. But Sir Iain said: ‘The food price cap is not needed. It will distort an already competitive market and is fraught with risks to businesses in the food industry and to consumers. ‘There have been too many laws enacted by governments over the years that prove the law of unintended consequences is alive and well, and this risks being another one. ‘The Scottish Government should drop this ill-conceived policy now and let the rigorous competition that exists among the large supermarkets continue to benefit their customers as it currently does.’ The food price cap has already faced opposition from a wide range of bodies, including supermarkets, farming groups and former SNP politicians. Sir Iain McMillan says that John Swinney's price cap plan is 'fraught with risks' to businesses in the food industry Writing in the Mail, Sir Iain, who is also a former chairman of business body Confederation of British Industry Scotland, raised concerns that the price cap could contravene both the Competition Act 1998 and also the UKIMA 2020, which exists to prevent cross-border trade barriers. Welcoming his ‘important’ intervention, David Lonsdale, director of the Scottish Retail Consortium, said it ‘raises fresh questions and serious doubts about the wisdom of the Scottish Government’s proposals’.  He added: ‘What is clear is that we have the most affordable grocery prices in western Europe thanks to robust competition between food retailers and that price caps would have unintended consequences for shoppers, suppliers, and store staff. ‘Ministers should pull out all the stops to reduce the statutory costs retailers and food producers face, not add yet more red tape in the form of mandatory price controls.’ A Scottish Government spokesman said: ‘Helping people with the cost of living is a top priority and we will be taking forward a full consultation on a statutory food price cap proposal shortly. ‘The proposal is being informed by engagement with all relevant stakeholders.’