Commission opens disparagement investigation into Sanofi
The European Commission has opened a formal antitrust investigation to assess possible anticompetitive conduct by Sanofi
The European Commission has opened a formal investigation into possible anticompetitive conduct by Sanofi for disparaging a competitor’s flu vaccine intended for vulnerable patient groups.
Sanofi’s ‘Efluelda’ and CSL Seqirus’s ‘Fluad’ enhanced flu vaccine are specifically designed to provide greater protection against influenza for people over 60.
The Commission claims that Sanofi pursued a misleading communication campaign targeting healthcare professionals in Germany and France, suggesting that the evidentiary basis for Fluad was weaker than for its vaccine. This contradicted the findings of the European Centre for Disease Control (ECDC) and national immunisation technical advisory groups in Germany and France.
The assessment comes after the Commission carried out an unannounced inspection of Sanofi premises in September 2025. The Commission adopted its decision under Article 9, which means it is seeking commitments from Sanofi rather than pursuing an Article 7 decision, which would imply a fine.
Catherine Feore
A Sanofi spokesperson told Vital Signs that they may address the Commission's concerns through commitments. Adding that Sanofi is confident that it has acted, and continues to act, in full compliance with all applicable laws and regulations, including competition law.
“Today’s decision to open a formal investigation shows the Commission’s determination to address disparagement practices that can unduly damage competition and informed choices by consumers,” said the European Commission’s Executive Vice-President for Clean, Just and Competitive Transition, Teresa Ribera. "Scientific progress, unbiased scientific evaluations, and trust in independent scientific authorities are key for public health policies. Flu vaccines help protect tens of thousands of Europeans every year.”
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.
This article was updated at 16:00 to make it clear that the Commission is seeking commitments, rather than planning to impose a fine.