U.K. – Switzerland-based Vifor Pharma has proposed a £23 million (US $29 million) payment to the UK’s National Health Service (NHS) as part of a broader effort to address competition concerns raised by the UK’s Competition and Markets Authority (CMA).
The antitrust investigation, launched in January 2024, examines allegations that Vifor Pharma disseminated misleading information about Pharmacosmos’ intravenous iron deficiency treatment, Monofer, to healthcare professionals, potentially restricting competition in the market.
The investigation focuses on whether Vifor Pharma violated competition laws under Chapter II of the UK’s Competition Act 1998 by spreading misinformation to disparage Monofer, which directly competes with Vifor’s own blockbuster product, Ferinject.
Both treatments are widely used to address iron deficiency, with Ferinject launching in Europe in 2007 and Monofer following in 2009.
The CMA suspects that Vifor’s actions may have influenced clinical decisions, potentially leading to financial losses for the NHS.
As part of its proposed resolution, Vifor Pharma has committed to several measures aimed at mitigating the impact of its alleged behavior.
In addition to the £23 million payment, the company has pledged to send corrective communications to healthcare professionals, clarifying any misleading statements made about Monofer and Ferinject.
Furthermore, Vifor has vowed to implement safeguards to prevent the dissemination of inaccurate information in the future.
The CMA will review Vifor’s proposals and consult on them until January 17, 2025.
If accepted, the commitments will become legally binding, and the CMA will close its investigation without formally deciding on the legality of Vifor’s actions.
The case marks the first of its kind for the CMA involving misleading claims in the pharmaceutical industry.
CMA Executive Director for Competition Enforcement, Juliette Enser, emphasized the potential consequences of misleading information in the healthcare sector.
“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,” she stated.
Meanwhile, UK Health Minister Karin Smyth condemned the alleged actions, stating, “It is unacceptable for any company to seek to mislead and exploit the NHS. Iron deficiency anemia is a serious condition, and it is essential that doctors and nurses have access to the correct information.”
This UK investigation follows a similar case in the European Union, where the European Commission (EC) conducted a two-year inquiry into Vifor Pharma’s practices.
In July 2024, the EC accepted commitments from Vifor to retract misleading statements about Monofer and publish updated, accurate messaging in medical journals and on its website for the next decade.
Additionally, Vifor agreed to refrain from making public comments about Monofer’s safety profile during this period.
Failure to comply could result in significant fines, including up to 10% of the company’s annual turnover.
Across the pharmaceutical sector, the CMA’s investigations into anti-competitive practices have resulted in total fines exceeding £400 million (US $501.42 million).
