Following European Commission UK CMA Also Concludes Procedure Against Vifor Obtaining Commitments but Not Finding Infringement

• 30/05/2025
• News

On 23 May 2025, the UK Competition and Markets Authority (CMA) published the non-confidential version of its decision to accept commitments offered by Vifor in relation to the supply of high-dose intravenous (IV) iron in the UK. It thus followed the example of the European Commission to terminate a competition investigation by accepting compliance by Vifor with defined standards of behaviour without a finding of infringement and an admission of guilt (see, Van Bael & Bellis Life Sciences News & Insights of 11 December 2024).
 
Vifor’s commitments came in response to a suspicion of the CMA that Vifor may have abused a possibly dominant position by making potentially misleading claims about the safety profile of a high-dose IV iron product of rival Pharmacosmos (Monofer),as compared with Vifor’s own high-dose IV iron product (Ferinject). Vifor agreed to two sets of behavioural remedies very much in line with what it had promised the European Commission to do: 

• Vifor agreed to remove any potential confusion or misunderstanding arising from the conduct which the CMA considered objectionable by launching a multi-channel communication campaign to clarify the safety profile of Monofer.
• Vifor also accepted to preclude any future dissemination of potentially misleading claims relating to the safety profile of Monofer by taking various steps to ensure that its promotional and medical communications do not contain claims regarding that subject.

In addition, Vifor promised to make a payment of £23 million to the National Health Service (NHS) to offset the adverse financial impact on the NHS that may arise from Vifor’s conduct.
 
As is the case in Europe, a monitoring trustee will oversee Vifor’s conduct during the lifetime of the commitments which will expire on 23 July 2034 and were timed by the CMA to coincide with the duration of the commitments towards the European Commission.
 
Separately, Vifor and Pharmacosmos reached a commercial settlement agreement whose terms are confidential. The CMA mentioned that Pharmacosmos had actually brought actions for damages against Vifor (not just requests for cease-and-desist orders), but the CMA decision does not indicate whether the settlement caused money to change hands.