Traditional cream jar from the Nivea brand.
The European association for consumer rights, Ius Omnibus, is suing the manufacturer of Nivea in Portugal, accusing it of having harmed consumers by more than 152 million euros through price fixing.
It is a collective action which takes place in the Competition Court and which, therefore, can lead to direct compensation for consumers.
Ius Omnibus considers that Beiersdorf Portuguesa, which manufactures the brand’s products, was responsible for an illegal practice of “fixing sales prices” in collusion with some supermarkets.
“There is evidence that consumers residing in Portugal were harmed by Beiersdorf given that this entity, as a supplier, coordinated with large Portuguese supermarket chains the prices of their products for sale to consumers”, reveals to (DN) the general secretary of Ius Omnibus, Carolina Ramalho dos Santos.
“The estimated damage caused by Beiersdorf could amount to 152.660.619 euros“, highlights this person.
Nivea owner has already been convicted of price fixing
As proof of practice, the association presents the Conviction by the Competition Authority (AdC) which, in 2022, proved that the Beiersdorf Portuguesao Auchano Continent Model and the Pingo Doce participated in a scheme to sell the brand’s products to consumers.
At the time, AdC applied a global fine of 19.5 million euros.
Now, Beiersdorf Portuguesa faces collective action from Ius Omnibus due to an alleged illegal practice that allegedly occurred between May 23, 2008 and May 2, 2017.
“If the action is successful, the court will set the global amount of the compensation to be paid by Beiersdorf to consumers“, notes Carolina Ramalho dos Santos to DN.
It will also be the court who will decide “the evidence that must be presented by consumers to claim their part of the compensation”, adds the same person responsible.
Beiersdorf Portuguesa does not comment specifically on this case, but assures that “compliance with legal standards, especially with regard to competition rules, is fundamental” in the company.
