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The National Consumer Service (Sernac) presented a class action lawsuit against the company Cencosud (Jumbo, Santa Isabel), whose objective is get it to compensate consumers that were affected by the collusion of supermarkets in the chicken market that occurred between 2008 and 2011.
The Service indicated that it made the decision after the company will not agree 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.
In the aforementioned procedure with Walmart, SMU and Cencosud, the first two decided to participate in the extrajudicial instance with Sernac, which is still ongoing.
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 National Director of Sernac, Lucas Del VillarHe 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 to justice ”.
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 21 million dollars, almost double that of what was established in the ruling issued by the economic court, whose penalty was 12 million US currency.
Walmart and SMU
Regarding the collective voluntary procedure with Walmart and SMU, currently Sernac said that it is working “So that adequate compensatory proposals are reached”.
To this end, econometric studies will be carried out that allow “to calculate on an objective and scientific basis the amount that corresponds to compensation for consumers affected during the collusive process of these supermarkets.”
So, today it is not possible to have a calculation on this amount.
Once a compensation proposal is achieved, it will be the consumers themselves who will be able to make all the suggestions to the distribution model.
“If any company does not submit an adequate proposal in this process, will have to face the courts “, said Sernac.
Finally, if proposals that meet the requirements of the Service and the public are submitted in public consultation, and if a result is reached, it must be presented to a court for approval.
In this way, consumers will benefit from compensation, without prejudice to the right that the law confers on them to reserve their rights if they consider it so.
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