The EU Commission has opened a formal antitrust investigation into whether Sanofi breached EU competition rules by disparaging the only rival flu vaccine recommended for vulnerable patients with risk factors.
Sanofi, headquartered in France, is a multinational company active in the research, development, and manufacturing of innovative prescription medicines, vaccines, and healthcare solutions. One of the vaccines currently offered by Sanofi is an enhanced flu vaccine specifically designed to provide greater protection against influenza for people over 60.
In the EU, this vaccine is marketed under the brand name ‘Efluelda’ and competes with another enhanced flu vaccine marketed by the company CSL Seqirus under the brand name ‘Fluad’.
The Commission is concerned that Sanofi pursued a misleading communication campaign to disparage Fluad by portraying it as inferior to Efluelda, going against national vaccination recommendations in several Member States. The campaign primarily targeted healthcare professionals in Germany and France. In both of these markets, the Commission considers that Sanofi holds a dominant position.
“Scientific progress, unbiased scientific evaluations, and trust in independent scientific authorities are key for public health policies”, said EC executive vice-president Teresa Ribera: “Flu vaccines help protect tens of thousands of Europeans every year. Today’s decision to open a formal investigation shows the Commission’s determination to address disparagement practices that can unduly damage competition and informed choices by consumers.”
If proven, the practices under investigation may breach EU competition rules that prohibit the abuse of a dominant position (Article 102 of the Treaty on the Functioning of the European Union).
The Commission stresses that the opening of a formal investigation does not prejudge its outcome.
