Update: Commission carries out raids on vaccine manufacturer Sanofi
Vaccines sector company suspected of anti-competitive disparagement
The European Commission said today (30 September), that it has carried out an unannounced antitrust inspection of a company in the vaccines sector.
There was little information, other than that the Commission are investigating the possibility of the company using exclusionary practices that may amount to anti-competitive disparagement, but it has since emerged that French pharmaceutical company Sanofi was the targeted company.
The investigation is linked to their conduct in relation to its seasonal flu vaccine. In a statement the company said it was “confident that it is compliant with the relevant rules”. Sanofi is on of the major producers of these vaccines, along with CSL Sequirus, GSK, Viatris and AstraZeneca (for 2-18 year olds).
The Commission has successfully pursued two previous cases in the pharmaceutical sector that involved anti-competitive disparagement. The Teva case, which resulted in a fine of €462.6 million for gaming the patent system and disparagement and the case of Vifor, which resulted in rectifying measures, including the launch of a comprehensive multi-media campaign to undo the effects of previous disparagement of a competitor.
The Commission emphasizes that unannounced inspections are a preliminary investigative step into suspected anticompetitive practices and does not mean that the company is guilty of anti-competitive behaviour, nor does it prejudge the outcome of the investigation itself. The Commission are reported to have visited sites in France and Germany.