The UK’s Competition and Markets Authority (CMA) has consulted on a £23m ($29m) offer from Vifor Pharma in relation to the CMA’s investigation into the company’s conduct in the market for the supply of high-dose intravenous iron to the NHS. The offer is part of a wider set of commitments proposed by the company.

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’s probe was in relation to whether Vifor Pharma “has restricted competition by making misleading claims to healthcare professionals about the safety and effectiveness of Monofer, a rival high-dose IV iron deficiency treatment supplied by Pharmacosmos.”

The spread of disparaging misinformation is considered anti-competitive conduct, constituting a breach of competition law under Chapter II of the Competition Act 1998.

In addressing the competition concerns of the CMA, Vifor Pharma responded by offering commitments to:

• make an ex-gratia payment of £23m ($29m) to the NHS;
• correct any potentially misleading communications disseminated by Vifor Pharma regarding the safety of Monofer and Ferinject, via a multi-channel communications campaign to healthcare professionals;
• introduce several compliance measures to prevent the future dissemination of potentially misleading communications regarding the safety of Monofer and Ferinject to healthcare professionals.

A spokesperson for Vifor Pharma told GRIP: “CSL Vifor acknowledges the ongoing investigation by the CMA concerning the potential anti-competitive conduct of Vifor Pharma. After several months of detailed discussion, and as part of the CMA process, CSL Vifor has offered proposed commitments which are available on the CMA website.

“It is important to note that the commitments were offered without any admission of liability. We are pleased to be taking this important step towards resolution of the CMA investigation. However, as this is an ongoing investigation, we are not in a position to comment further at this time.”

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 of £400m ($505m).