Commission accepts commitments by Sanofi to address possible anticompetitive disparagement of competing flu vaccine for vulnerable patients

The European Commission has made commitments offered by Sanofi legally binding under EU antitrust rules. The commitments relate to the Commission's preliminary competition concerns relating to Sanofi's alleged disparagement campaigns in Germany and France against Fluad, the only enhanced flu vaccine for vulnerable patients that competes with Sanofi's Efluelda.

To address the Commission's preliminary concerns, Sanofi offered to engage in proactive communication to rectify and undo the possible effects of the potentially misleading messages shared regarding Fluad, as well as to refrain from any communication portraying Fluad negatively or casting doubt about its performance.

Sanofi, headquartered in France, is active in the research, development, and manufacturing of innovative prescription medicines, vaccines, and healthcare solutions. One of the vaccines offered by Sanofi is an enhanced flu vaccine, which is specifically designed to provide greater protection against flu for people over 60.

In the EU, this vaccine is marketed under the brand name ‘Efluelda' and competes with the only other enhanced flu vaccine currently marketed in the EU, by the company CSL Seqirus under the brand name ‘Fluad'.

The Commission preliminarily found that Sanofi may be dominant in the market for enhanced flu vaccines in Germany and France. The Commission is concerned that, from 2024 until at least autumn 2025, Sanofi may have pursued a misleading communication campaign targeted at healthcare professionals (HCPs). This communication campaign was conducted in Germany and, with a lower degree of intensity, in France and consisted of: