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Drugs manufacturer Vifor Pharma has offered to pay £23m to the NHS in response to an investigation by the Competition and Markets Authority (CMA) into whether the company had broken competition law by spreading misinformation about a rival product.
The CMA opened an investigation in January 2024 into whether Vifor Pharma, which manufactures the IV iron deficiency treatment Ferinject, had restricted competition by spreading misinformation to healthcare professionals about the safety of a rival treatment, Monofer, which is manufactured by Pharmacosmos.
In a statement published on 10 December 2024, the CMA confirmed that Vifor Pharma had offered several commitments, which the CMA will consult on.
These include making a payment of £23m to healthcare systems across the UK’s four nations, “following concerns that the claims could have an adverse financial impact on the NHS”.
It has also agreed to write to healthcare professionals to “correct any potentially misleading communications regarding the safety of Monofer and Ferinject” and introduce measures to prevent dissemination of misleading information in the future, the CMA statement said.
“If accepted, the commitments will become legally binding and will mean that it is not necessary for the CMA to decide whether Vifor Pharma broke competition law — allowing the investigation to conclude swiftly, so that the benefits can be felt sooner,” it added.
Juliette Enser, executive director for competition enforcement at the CMA, said: “Pharmaceutical companies must think carefully when making claims about competitors — these can have real impact on the doctors and nurses making potentially life-changing decisions about treatment and, of course, on the patients themselves.
“As well as ensuring patients are protected, the commitments we are consulting on support competition — enabling businesses to operate on an even playing field and the NHS to get good value for money.”
In its statement, the CMA said that this was the “first time a misleading claims case of this nature has been investigated by the CMA under its competition law enforcement powers”.
Vifor Pharma was investigated by the European Commission over the same misinformation claims.
The commission opened its investigation in June 2022 “to assess whether Vifor Pharma has restricted competition by illegally disparaging its closest — and potentially only — competitor in Europe on the market for intravenous iron treatment”.
It concluded the investigation in July 2024, after accepting commitments from the company, which it made legally binding.
The commitments included that Vifor would “launch a comprehensive and multi-channel communication campaign to rectify and undo the effects of the potentially misleading messages previously disseminated by Vifor regarding the safety of Monofer” and “implement measures and safeguards to ensure compliance”.
In a statement given to The Pharmaceutical Journal, a spokesperson for Vifor Pharma said: “CSL Vifor acknowledges that the UK’s CMA has initiated a public consultation as part of the CMA’s investigation into potential anti-competitive conduct of Vifor Pharma, and published CSL Vifor’s proposed commitments on their website.
“It is important to note that the commitments were offered without any admission of liability. CSL Vifor is pleased to be taking this important step towards resolution of the CMA investigation. As this is an ongoing investigation, we are not in a position to comment further at this time.”
The CMA’s consultation on Vifor’s commitments will close on 17 January 2025.
