The European Commission announced on Wednesday that it will collect feedback on a set of commitments proposed by Sanofi aimed at resolving potential anticompetitive concerns related to the marketing of its influenza vaccine, Efluelda.
The Commission launched its probe two weeks ago to examine whether Sanofi conducted a misleading promotional campaign for Efluelda while criticizing a competing influenza vaccine, Fluad, produced by CSL Seqirus. According to the Commission, the conduct under scrutiny took place mainly in France and Germany.
In response to the investigation, Sanofi has presented a package of commitments intended to address the regulator’s concerns. These proposed measures feature several elements, notably the publication of statements on Sanofi’s website, more proactive communications by the company, and a pledge to refrain from criticizing rival products.
Sanofi’s proposed commitments are set to remain in force until March 2030, should they be accepted by the Commission. The regulator has invited all interested parties to submit their views on the proposals. Written feedback will be accepted until August 21.
The Commission’s request for comments signals an intention to gather external perspectives before deciding whether the commitments are sufficient to remedy its competitive concerns. The consultation period provides an opportunity for market participants, competitors, healthcare stakeholders, and other interested entities to present observations or objections to the proposed remedies.
Details published by the Commission indicate the scope of the inquiry is concentrated on promotional activities around Efluelda and interactions with a directly competing product, Fluad, in the two named member states. Beyond the description of the commitments and the consultation deadline, the Commission has not provided additional procedural dates or further details at this stage.
Consultation timeline
- Investigation opened: two weeks prior to the Commission's announcement
- Deadline for submissions from interested parties: August 21
- Proposed commitments duration if accepted: until March 2030
The Commission will review the feedback received during the consultation period before determining whether to accept the commitments, request modifications, or pursue other enforcement measures. The public consultation is a formal step in the process of considering behavioral remedies in competition investigations.