Swiss Competition Commission Launches Investigation into Beiersdorf Over Alleged Nivea Price Discrimination
Are Swiss consumers being charged too much for Nivea products? That’s the question now under official scrutiny as the Swiss Competition Commission (Comco) opens an investigation into Beiersdorf, the German cosmetics conglomerate behind the popular Nivea brand.
The inquiry stems from a pricing dispute between Beiersdorf and Migros, Switzerland’s largest supermarket chain. At the heart of the matter is an allegation that Beiersdorf is abusing its "relative market power" by charging higher prices for Nivea products in Switzerland compared to other international markets and retailers.
Focus on Relative Market Power and Pricing Practices
In a statement issued by Comco, the competition authority confirmed that the investigation will examine whether Beiersdorf is “exploiting a position of relative market power over Migros” by enforcing pricing terms that may be considered unfair or abusive.
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The Swiss commission clarified that the legal concept of relative market power, introduced in 2022, applies when one company is economically dependent on another and has no reasonable alternative for procurement. While possessing such power is not inherently illegal, abusing it to impose unjustified or discriminatory conditions is prohibited under Swiss competition law.
“The subject of the complaint is an alleged discrimination against Migros in connection with a presumed relative market power,” Beiersdorf confirmed in a statement.
Beiersdorf Responds: “We Will Fully Support the Investigation”
Beiersdorf, which also produces well-known personal care items such as deodorants, shampoos, shower gels, and skin creams, denies any wrongdoing. In its response to the inquiry, the company stated it does not understand the accusations and emphasized its commitment to legal compliance.
“Beiersdorf does not understand these accusations and will fully support Comco in order to help clarify the situation,” said the group, adding that “compliance with legal regulations is an absolute priority.”
Migros Claims Price Disparity
Migros, the complainant in the case, alleges that it is being charged more for Nivea products than comparable retailers in other countries, which could potentially disadvantage Swiss consumers. The retailer maintains that such pricing behavior is not only unfair but also potentially anti-competitive under Swiss law.
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Although no fines or formal penalties have been issued at this stage, the launch of a formal investigation by Comco signals the seriousness with which the matter is being treated.
Context: Evolving Swiss Competition Law
The case is one of the first high-profile tests of Switzerland’s amended competition regulations, which were updated in 2022 to strengthen oversight of market imbalances and retail power dynamics. The concept of relative market power, borrowed from German and EU frameworks, aims to protect smaller or dependent companies from exploitative behavior by dominant suppliers or manufacturers.
Should Comco find evidence of pricing abuse, it could potentially lead to corrective measures, pricing adjustments, or reputational consequences for Beiersdorf.
About Beiersdorf AG:
Headquartered in Hamburg, Germany, Beiersdorf is a global leader in skin and personal care. Its portfolio includes Nivea, Eucerin, La Prairie, and Labello, with operations spanning over 160 countries.
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About Migros:
Migros is Switzerland’s largest retailer and supermarket chain, known for its broad product offerings, ethical sourcing policies, and customer loyalty programs. It is a cooperative owned by over 2 million members.
About Comco:
The Swiss Competition Commission (Comco) is the federal authority responsible for enforcing competition law in Switzerland. It investigates and penalizes anti-competitive practices, cartels, and abuses of market dominance.
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