The Competition and Markets Authority (CMA) has secured a £23 million offer from Vifor Pharma to the NHS as part of a broader package to address concerns over potentially misleading information given to doctors.
This development follows a CMA investigation launched earlier this year into whether Vifor Pharma, the maker of the intravenous iron deficiency treatment Ferinject, restricted competition by spreading misinformation about the safety of a rival treatment, Monofer, supplied by Pharmacosmos.
Iron deficiency anaemia, a condition characterised by a lack of iron leading to reduced red blood cells, often requires intravenous treatments when oral medicine is unsuitable. The CMA's investigation focused on these intravenous treatments, which are typically prescribed for patients with long-term health conditions or those undergoing major surgery.
Vifor Pharma has agreed to address the CMA's competition concerns swiftly and has offered several commitments, which the CMA will now consult on. These commitments include:
- Payment of £23 million to healthcare systems across the UK, addressing concerns about the financial impact on the NHS.
- Corrective communications to healthcare professionals regarding the safety of Monofer and Ferinject.
- Preventative measures to stop the dissemination of misleading information in the future.
If accepted, these commitments will become legally binding, allowing the investigation to conclude quickly and the benefits to be realised sooner.
Juliette Enser, Executive Director for Competition Enforcement at the CMA, commented:
“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.”
Enser highlighted the widespread impact of iron deficiency anaemia, noting, "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."
The CMA's actions aim to protect patients and support fair competition. "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," Enser added.
This case marks the first time the CMA has investigated misleading claims under its competition law enforcement powers. The CMA has a history of protecting the NHS and delivering significant savings, having imposed fines totalling around £400 million in the pharmaceutical sector.
The CMA will consult on the proposed commitments until 17 January 2025, ensuring that interested parties can provide input before finalising the commitments.
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