According to the EU, it is fine to promote your product, but not if it discredits your competition.

The European Commission today accepted commitments from Vifor to address potential defamation of a competing product.

These commitments are now legally binding and the Commission can impose fines of up to 10% of Vifor’s turnover if they are not met.

Brussels feared that Vifor had restricted competition by spreading misleading information about the safety of Monofer, an iron deficiency treatment marketed by the company’s main competitor, Pharmacosmos.

The Commission suspected that Vifor’s actions, which in some cases directly targeted healthcare professionals, could hamper the uptake of Monofer in Europe.

This is particularly worrying in countries where Vifor potentially has a dominant position in the market, namely Austria, Finland, Germany, Ireland, Portugal, Romania, Spain, Sweden and the Netherlands.

Iron is essential for the production of healthy red blood cells, which transport oxygen throughout the body. A deficiency can occur in women, cancer patients or people involved in an accident.

“Iron deficiency is a condition that affects millions of people across Europe,” said Margrethe Vestager, EU Commissioner for Competition, adding that Vifor’s commitments create a level playing field that benefits consumers.

Ferinject, developed by Vifor, and Monofer are high-dose intravenous iron treatments for cases where pills alone do not work.

Under the commitments, Vifor will launch a comprehensive communications campaign to correct misleading messages about the safety of Monofer. It will have to send clarifications to doctors in the nine member states via email, post and face-to-face meetings.

Vifor has also committed not to make any promotional or medical communications about the safety profile of Monofer unless these are based on specific scientific data.

The European Commission said the commitments adequately address Vifor’s competition concerns, but that Vifor must now carry out internal checks and appoint a monitor to ensure the company sticks to the plan for 10 years.

A Vifor spokesperson, contacted by Euronews, said the company denies having engaged in any unlawful conduct in breach of competition law. He clarified that the proposed commitments were made without any admission of liability.

“We are grateful for the constructive discussions with the European Commission,” the spokesperson continued, adding that the company is now awaiting formal approval following today’s announcement by the EU executive committee.

Pharmacosmos did not respond to a request for comment.