Melbourne-based global specialty pharmaceuticals company has agreed to settle first misleading claims case of this nature brought by the Competition and Markets Authority. 

Australian global specialty pharmaceuticals company Vifor Pharma, best known for its intravenous iron deficiency treatment Ferinject, has offered the NHS £23 million to settle an anti-trust investigation. 

The Competition and Markets Authority (CMA) launched an investigation in January to see whether the firm had restricted competition by spreading misinformation to healthcare professionals about the safety of a rival treatment, Monofer, supplied by Pharmacosmos.

It is the first time a misleading claims case of this nature has been investigated by the CMA under its competition law enforcement powers.

“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,” says Juliette Enser, executive director for competition enforcement. 

Intravenous iron treatments 

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.

“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,” says Enser. 

Vifor Pharma has agreed to address the CMA’s competition concerns and has offered a number of commitments which the CMA will now consult on. 

The firm’s offer includes a payment of £23 million to the NHS following concerns that the claims could have an adverse financial impact. It will write to healthcare professionals to correct any potentially misleading communications regarding the safety of Monofer and Ferinject. It will also introduce several measures to prevent dissemination of misleading information in the future.

“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,” says Enser. 

If accepted, the commitments will become legally binding and there will be no further investigation into whether Vifor Pharma broke competition law. The CMA will now consult on the proposed commitments until 17 January 2025,