EU Invites Market Feedback on Sanofi’s Proposed Antitrust Commitments in Flu Vaccine Case

According to Reuters, in a report by Foo Yun Chee, Sanofi has offered a series of commitments aimed at resolving the European Union’s competition concerns without an admission of wrongdoing. The commitments are intended to address allegations that the company improperly undermined confidence in a competing influenza vaccine while promoting its own product.

The European Commission formally opened proceedings against Sanofi in late June after concluding there were sufficient grounds to investigate whether the company abused a dominant position in parts of the European flu vaccine market. Regulators are examining whether Sanofi conducted a communication campaign that unfairly discredited Fluad, a vaccine manufactured by CSL Seqirus, while promoting its own Efluelda in France and Germany. The Commission has said the conduct under review may have reduced competition in those markets.

As part of its proposed settlement, Sanofi has pledged to publish statements on its French and German websites for two years acknowledging that national immunization advisory bodies in both countries recommend Fluad and Efluelda equally for older adults. Reuters reported that the company also committed to avoiding future communications that portray Fluad negatively, suggest Efluelda is safer or more effective without appropriate support, or misrepresent scientific evidence concerning the competing vaccine. If accepted, the commitments would remain in force until March 2030.

Sanofi said its decision to submit commitments is intended to facilitate a prompt conclusion to the Commission’s proceedings. The company also stated that offering the commitments should not be interpreted as an acknowledgment that it violated European competition law and maintained that it has complied with all applicable legal and regulatory requirements.

Related: EU Opens Antitrust Investigation Into Sanofi Over Flu Vaccine Marketing Campaign

The investigation reflects increasing scrutiny by European competition authorities of so-called “disparagement” practices, in which dominant companies are accused of using misleading communications to weaken confidence in competing products. Under EU competition rules, firms holding a dominant market position face heightened obligations not to distort competition through exclusionary conduct. The Commission has previously pursued similar cases involving pharmaceutical companies where regulators concluded that communications about competing medicines or medical products may have influenced prescribing decisions or purchasing behavior.

The Sanofi inquiry follows inspections conducted by the Commission at the company’s premises in 2025 as part of an earlier investigation into potential anti-competitive practices in the vaccine sector. The current formal proceedings focus specifically on whether marketing communications concerning influenza vaccines infringed EU antitrust rules.

Under the European Commission’s commitment procedure, companies may propose legally binding remedies to address competition concerns before regulators reach a final infringement decision. If accepted, the commitments become enforceable without the Commission determining that EU competition law was violated. Failure to comply with accepted commitments, however, can expose companies to significant penalties. Separately, companies found to have breached EU antitrust rules can face fines of up to 10% of their worldwide annual turnover.

The Commission will review submissions received during the market consultation before deciding whether Sanofi’s proposed commitments sufficiently address its competition concerns. Third parties have until August 21 to provide feedback, after which regulators will determine whether to make the commitments legally binding or continue pursuing the investigation.

Source: Reuters