Vifor Pharma has pledged to pay £23 million to the NHS after Britain’s competition watchdog raised concerns the drugs firm had been making misleading claims about the safety of a rival’s iron deficiency treatment.
The Competition and Markets Authority (CMA) has been investigating whether Vifor – which makes intravenous iron treatment Ferinject – had spread misinformation to doctors and nurses over Pharmacosmos’s Monofer.
The regulator was concerned that this restricted competition by reducing take-up of Monofer, potentially costing the NHS.
Its probe – the first of its kind for the CMA involving misleading claims of this nature – focused on intravenous treatments for iron deficiency anaemia, which is a condition where a lack of iron leads to a reduced number of red blood cells.
Around 3% of men and 8% of women in the UK have iron deficiency anaemia, with about 57,000 emergency hospital admissions each year due to the condition, according to the National Institute for Health and Care Excellence.
Intravenous treatments are often prescribed where oral medicine is unsuitable, such as for patients with long-term health conditions or before major surgery.
Health minister Karin Smyth said: “It is unacceptable for any company to seek to mislead and exploit the NHS.
“Iron deficiency anaemia is a serious condition, and it is essential that doctors and nurses have access to the correct information.
“We welcome this investigation, and we’re clawing back £23 million to benefit the NHS and patients.”
The CMA said Australian company Vifor quickly moved to address concerns with a number of commitments, including offering a £23 million payout to the NHS.
Vifor also promised it would write to healthcare professionals to correct any potentially misleading communications surrounding its own Ferinject and rival Monofer, while taking action to stop misinformation being spread in future.
Pharmaceutical companies must think carefully when making claims about competitors – these can have real impact on the doctors and nurses making potentially life-changing decisions about treatment and, of course, on the patients themselves
The CMA will now consult on the commitments until January 17 before making a final decision.
If accepted, it will mean the CMA does not need to decide whether Vifor broke competition law, allowing a speedy conclusion to the probe.
Juliette Enser, executive director for competition enforcement at the CMA, said: “Pharmaceutical companies must think carefully when making claims about competitors – these can have real impact on the doctors and nurses making potentially life-changing decisions about treatment and, of course, on the patients themselves.
“Iron deficiency anaemia affects millions of people across the country and can have a serious impact on their quality of life.
“We know that vulnerable patients with long-term health conditions such as coeliac disease and heart failure depend on this vital treatment.
“As well as ensuring patients are protected, the commitments we are consulting on support competition, enabling businesses to operate on an even playing field and the NHS to get good value for money.”