At the beginning of 2024, the Competition and Markets Authority initiated an investigation into suspected abusive disparagement by Vifor Pharma (Vifor) in relation to competing product, Monofer, contrary to Article 102 TFEU. Vifo Pharma manufacturers intravenous (IV) iron treatments used to treat iron deficiency and iron deficiency anaemia, conditions that effect 3% of men and 8% of women in the UK. Vifor Pharma makes Ferinject, a leading IV iron treatment in the UK.
This follows a similar case opened by the European Commission into Vifor's alleged abusive disparagement in June of 2022. That case was ultimately settled following the Commission's acceptance of commitments:
to launch a comprehensive and multi-channel communication campaign to rectify and undo the effects of the misleading information previously disseminated;
not to engage in external promotional and medical communication about Monofer's safety; and
to implement measures to ensure compliance.
Abusive disparagement as a standalone theory of harm is relatively novel, with this development in enforcement being driven by national competition authorities, noteably the French Autorite de la Concurrence (FCA).
Competition in pharmaceutical markets often has interestly and unique competitive dynamics, and where demand is largely driven by efficacy rather than price, conduct that targets this aspect of competition can have serious and negative effects patients. The CMA is concerned that Vifo Pharma may have disparaged a competing iron treatment, Monofer, supplied by Pharmacosmos, by making misleading claims about the safety of Monofer with the impact of distorting competition.
In an effort to settle the case in the UK, Vifor has proposed:
an ex gratia payment of £23 million to the NHS; and
a communications campaign to address the CMA's concerns in respect of the allegedly misleading claims made about Monofer.
The CMA are now consulting on the proposed commitments, with a decision expected in the new year.
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