Promoting your product is fine, but not if it means throwing shade on competitors, according to the EU.
The European Commission today accepted Vifor’s commitments to remedy potential disparagement of a rival product.
Those promises are now legally binding and the Commission could issue fines up to 10% of Vifor’s turnover if they’re broken.
Brussels worried Vifor had restricted competition by spreading misleading information about the safety of Monofer, an iron deficiency treatment marketed by the company's main competitor, Pharmacosmos.
The Commission suspected that actions by Vifor, in some cases directly targeting healthcare professionals, could have hindered Monofer’s take-up in Europe.
That’s a particular worry in countries where Vifor potentially has a dominant position in the market, namely Austria, Finland, Germany, Ireland, Portugal, Romania, Spain, Sweden, and the Netherlands.
Iron is essential for producing healthy red blood cells, which transport oxygen throughout the body, and deficiency can occur among women, patients with cancer or those involved in accidents.
“Iron deficiency is a condition affecting millions of people across Europe,” said EU Competition Commissioner Margrethe Vestager. She added that Vifor’s commitments re-establish a level playing field that benefits consumers.
Ferinject, developed by Vifor, and Monofer are high-dose intravenous iron treatments for cases where mere pills won’t work.
Among the commitments, Vifor will launch a comprehensive communication campaign to correct any misleading messages about Monofer's safety. It’ll have to send clarifications to doctors in the nine Member States via email, mail, and in-person meetings.
Vifor also committed not to engage in any promotional or medical communications about Monofer's safety profile unless based on specific scientific data.
The European Commission said those commitments adequately address its competition concerns, though Vifor must now carry out internal checks and appoint a monitoring trustee to ensure it sticks to the plan for ten years.
Contacted by Euronews, a Vifor spokesperson said that the company contests that it has engaged in unlawful conduct contrary to competition law, clarifying that their proposed commitments were offered without any admission of liability.
"We are grateful for the constructive discussions with the European Commission," the spokesperson continued, adding that the company is now waiting for the formal approval following today's announcement by the EU executive.
Pharmacosmos has not replied to a request for comment.
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