The regulator was concerned that this restricted competition by reducing take-up of Monofer, potentially costing the NHS
Vifor Pharma has agreed to pay £23m to the NHS after being accused by Britain’s competition watchdog of making false safety claims about a competitor’s iron deficiency treatment.
The Competition and Markets Authority (CMA) launched an investigation into whether Vifor, the manufacturer of the intravenous iron treatment Ferinject, had been disseminating misleading information to healthcare professionals about Pharmacosmos’s Monofer.
The CMA was worried that such actions could hamper competition and potentially lead to increased costs for the NHS. This unique probe by the CMA centered on intravenous treatments for iron deficiency anaemia—a condition characterized by a shortage of red blood cells due to insufficient iron.
Statistics from the National Institute for Health and Care Excellence indicate that in the UK, around 3% of men and 8% of women suffer from this type of anaemia, resulting in approximately 57,000 emergency hospital admissions annually. Intravenous treatments are typically recommended when oral medications are not suitable, for instance, for individuals with chronic health issues or those awaiting major surgery.
Health minister Karin Smyth condemned the company’s actions, stating: “It is unacceptable for any company to seek to mislead and exploit the NHS. Iron deficiency anaemia is a serious condition, and it is essential that doctors and nurses have access to the correct information.”
“We welcome this investigation, and we’re clawing back £23m to benefit the NHS and patients.”
The CMA articulated that Australian firm Vifor acted promptly in addressing apprehensions by committing to several measures, which includes a £23m compensation to the NHS. Further to their pledge, Vifor consented to informing healthcare professionals to rectify any potentially misleading statements regarding its product Ferinject as well as its competitor Monofer, also aiming to halt the spread of misinformation in the future.
Consultation on these commitments will proceed until January 17, after which the CMA will decide on their finality. Should the commitments be affirmed, the CMA will no longer need to ascertain if Vifor flouted competition laws, thus expediting the conclusion of the investigation.
Juliette Enser, the CMA’s executive director for competition enforcement, underscored: “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.”