The CMA has secured an offer of £23m from Vifor Pharma to the
NHS, as part of a wider package, to address concerns that doctors
were given potentially misleading information.
The Competition and Markets Authority's (CMA's) investigation,
which launched earlier this year, considered whether Vifor Pharma
– which makes the intravenous iron deficiency treatment Ferinject
– had restricted competition by spreading misinformation to
healthcare professionals about the safety of a rival treatment,
Monofer, supplied by Pharmacosmos.
Iron deficiency anaemia is a condition where a lack of iron in
the body leads to a reduction in the number of red blood cells.
The CMA's investigation focused on intravenous iron treatments,
typically prescribed where oral medicine is not suitable – such
as treating patients with long term health conditions or before
undergoing major surgery.
Vifor Pharma has agreed to quickly address the CMA's competition
concerns and offer a number of commitments which the CMA will now
consult on. These include:
-
Making a payment of £23 million to healthcare systems across
the four nations, following concerns that the claims could
have an adverse financial impact on the NHS.
-
Writing to healthcare professionals to correct any
potentially misleading communications regarding the safety of
Monofer and Ferinject.
-
Introducing several measures to prevent dissemination of
misleading information in the future.
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.
Juliette Enser, Executive Director for Competition Enforcement,
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.
Iron deficiency anaemia affects millions of people across the
country and can have a serious impact on their quality of life.
We know that vulnerable patients with long-term health conditions
such as coeliac disease and heart failure depend on this vital
treatment.
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.
This is the first time a misleading claims case of this nature
has been investigated by the CMA under its competition law
enforcement powers. The CMA has taken on several cases in the
pharmaceutical sector to protect and deliver significant savings
for the NHS – in total, it has imposed large fines in the region
of £400m.
The CMA will now consult on the proposed commitments until 17
January 2025, when its consultation closes. The CMA is required
to consult interested parties before accepting commitments which
it considers address its competition concerns.
For more information, visit the Vifor Pharma investigation
page.
Notes to editors:
-
Vifor Pharma is a global pharmaceutical company headquartered
in Australia and supplies Ferinject (ferric carboxymaltose).
Pharmacosmos is a family-owned specialist pharmaceutical
company focused notably on the treatment of iron deficiency
conditions and supplies Monofer (ferric derisomaltose).
-
The CMA opened its investigation in January 2024 further to
it having reasonable grounds to suspect that Vifor Pharma had
infringed the Chapter II prohibition of the Competition Act
1998 (CA98). The Chapter II prohibition of the CA98 prohibits
the abuse of a dominant position by one or more undertakings
which may affect trade within the UK or part of
it.
-
Formal acceptance of the commitments would result in the CMA
not continuing its investigation and not proceeding to a
decision on whether the CA98 has been infringed. Any decision
by the CMA to accept binding commitments will not include any
statement as to whether or not Vifor Pharma's conduct has
infringed the CA98.
