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Sernac filed a class action lawsuit against Cencosud, the objective of which is to get it to compensate consumers who were affected by the collusion of supermarkets in the chicken market that occurred between 2008 and 2011.
The Service made the decision after the company did not accept to compensate consumers within the framework of the Collective Voluntary Procedure, an extrajudicial instance that seeks to obtain compensation for affected consumers in the shortest possible time, the agency reported.
Sernac initiated a Collective Voluntary Procedure with Walmart, SMU, (see declarations of interests) and Cencosud; the first two decided to participate in the extrajudicial instance with the entity, which is still ongoing.
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During the process, a mechanism was established with these companies to determine the harm to consumers through economic reports from experts.
For its part, Cencosud was not available to compensate consumers in the framework of this process.
The director of Sernac, Lucas Del Villar, explained that “unfortunately this company missed the opportunity to adequately and timely compensate, in an extrajudicial instance, consumers, who are the most affected when prices are intervened. Especially when we talk about basic necessities. Now he will have to answer before the Justice ”.
More about Free Competition
The Supreme Court last April upheld the ruling of the Free Competition Court that condemned the supermarket chains Cencosud, Walmart and SMU for having colluded in the sale of fresh chicken, increasing the fine to US $ 21 million, almost double what established in the ruling issued by the economic court, whose sanction reached US $ 12 million.
Said ruling was final on October 5, 2020.
Regarding the collective voluntary procedure with Walmart and SMU, currently Sernac said that it is working to reach adequate compensation proposals.
“To this end, econometric studies will be being carried out to calculate, on an objective and scientific basis, the amount that corresponds to compensation for the consumers affected during the collusive process of these supermarkets. Therefore, today it is not possible to have a calculation on this amount ”, indicated the entity.
Once a compensation proposal is achieved, it will be the same consumers who will be able to make all the suggestions to the distribution model, I add.
I also argued that if a company does not submit an adequate proposal in this process, it will have to face the courts.
