Vifor Pharma to pay NHS £23M over misleading claims about rival treatment

Investigation into a suspected breach of competition law by Vifor Pharma will conclude if the CMA accepts the commitments offered by the company

Global pharmaceutical company Vifor Pharma has agreed to pay £23 million to the NHS to address concerns regarding the spread of misinformation about a competitor’s iron deficiency anaemia treatment, according to the Competition and Markets Authority (CMA).

The CMA launched an investigation in January 2024 after finding reasonable grounds to suspect that Vifor Pharma had infringed the Chapter II prohibition of the Competition Act 1998 (CA98), which prohibits the abuse of a dominant market position affecting UK trade.

Vifor Pharma, the producer of the intravenous iron deficiency treatment Ferinject (ferric carboxymaltose), was under scrutiny for allegedly providing healthcare professionals with misleading information regarding the safety of Monofer (ferric derisomaltose), manufactured by Pharmacosmos.

This action could have restricted competition and adversely impacted the NHS.

To resolve the CMA’s concerns swiftly, the Australia-headquartered company has agreed to several commitments, which the CMA will now consult on.

These commitments include:

• Paying £23 million to healthcare systems across the four nations to mitigate potential financial impacts 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 the dissemination of misleading information in the future.

If these commitments are accepted, they will become legally binding, allowing the investigation to conclude without the CMA having to decide whether Vifor Pharma broke competition law. This approach is designed to deliver benefits more quickly.

Juliette Enser, executive director for Competition Enforcement, said: “Pharmaceutical companies must think carefully when making claims about competitors – these can have a real impact on the doctors and nurses making potentially life-changing decisions about treatment and, of course, on the patients themselves.”

She highlighted the importance of ensuring accurate information, noting that iron deficiency anaemia affects millions of people across the country and can impact their quality of life.

She added that vulnerable patients with long-term health conditions such as coeliac disease and heart failure depend on this vital treatment.

Intravenous iron treatments are typically prescribed for patients for whom oral medicine is not suitable, such as those with long-term health conditions or who are preparing for major surgery.

Enser stated that these commitments would not only protect patients but support competition, enabling businesses to operate on an even playing field and the NHS to get good value for money.

The CMA will consult on the proposed commitments until 17 January 2025, after which it will decide on their final acceptance.