The Swiss competition authority has opened a formal investigation against the German company Beiersdorf, manufacturer of Nivea, following a complaint filed by the retail giant Migros regarding price-fixing practices in Switzerland.
Migros accused Beiersdorf of applying prices up to 80% higher on Nivea products, such as shower gels, deodorants and creams, in Switzerland, compared to those offered in Germany, a difference that potentially doubles the cost for the Swiss consumer. Since January 2022, the new article of Swiss law on abuse of relative power allows for investigation when a company uses its dominant position in the market to impose unfair conditions on buyers with less negotiating power.
Migros initiated conversations with Beiersdorf from the beginning of 2022, but the negotiations failed in the fall of 2024 and prices rose again, which motivated the complaint to COMCO in January 2025.
The investigation will focus on two key aspects:
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Determine if Beiersdorf has a position of relative power against Migros, which implies that Switzerland has no viable alternatives for Nivea products - a case supported by data: Nivea represents 32% of gel sales and 34% of deodorants in Migros
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See if there is an abuse of that position, reflected in unjustified price differences without a reasonable economic basis.
COMCO will first evaluate whether there is an abuse of relative power. If confirmed, it will open a formal procedure. If Beiersdorf is found guilty, it could face fines and be forced to modify its distribution and pricing practices in Switzerland. This case will be a relevant precedent for the emerging power of the "Lex Nivea" and its deterrent effect on international price-fixing practices.