Sanofi faces EU antitrust probe into vaccine business

Sanofi has confirmed it is being investigated by the European Commission for potentially anticompetitive activity in its vaccines business.

The Commission said yesterday that it had carried out a raid on a company operating in the vaccines market – without naming the firm – over concerns that it might have violated EU competition rules that prohibit abuses of a dominant market position.

"In particular, the commission is investigating possible exclusionary practices that may amount to anti-competitive disparagement," it said in a statement, which also pointed out that unannounced inspections are "a preliminary investigative step" and do not mean that the company is guilty.

Anticompetitive disparagement generally refers to companies targeting rivals with false or unsubstantiated claims about rival products or their business reputation.

There are a couple of recent examples of the EC taking action on this in the pharma sector, including the finding last year that Teva had carried out a "systematic disparagement campaign" against an approved generic of its multiple sclerosis therapy Copaxone (glatiramer acetate) whilst also delaying the entry of cheaper generics of the drug using a patent thicket.

Similarly, CSL Vifor was taken to task last year for competition concerns over the alleged disparagement of its closest competitor in Europe for intravenous iron treatment Ferinject – Pharmacosmos' Monofer – a case that was resolved after Vifor implemented a major communications campaign to clarify the situation and agreed that it be monitored for 10 years.

Sanofi has acknowledged that inspections took place at sites it operates in France and Germany and focused on its seasonal flu vaccines business.

"Sanofi is confident that it is compliant with the relevant rules and regulations," it said in a statement. "Sanofi will not comment further given the ongoing investigation and will cooperate fully with the European Commission."

The France-headquartered company is one of the top three manufacturers of seasonal flu vaccines, alongside GSK and CSL Seqirus, with smaller players including AstraZeneca and Daiichi Sankyo. The company's brands include Vaxigrip, Supemtek TIVr, and Efluelda, all of which have been recommended for use in the coming 2025/26 flu season.

The EU does not have any legal deadline to complete inquiries into anticompetitive conduct. So it could be some time before any details of the investigation emerge, if at all. Under EU law, companies can be fined up to 10% of their global turnover if it is proved they have committed anticompetitive actions.

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