Antitrust Law Daily Wrap Up, ANTITRUST NEWS: EC seeks feedback on Sanofi's commitments regarding anticompetitive behavior, (Jul 8, 2026)
Organizations Mentioned:Sanofi
By Donielle Tigay Stutland, J.D.
Sanofi has offered to advertise that a rival flu vaccine is as effective -as its own for the elderly.
The European Commission announced that it would -seek feedback on commitments offered by French pharmaceutical company Sanofi to address concerns that it may have breached -competition rules in a flu vaccine marketing campaign. The Commission requested that all interested parties submit their comments on Sanofi's proposed commitments by August 21, 2026.
Sanofi is headquartered in France and is a multinational company active in the research, development, and manufacturing of innovative prescription medicines, vaccines, and healthcare solutions. Sanofi is the maker of 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 another enhanced flu vaccine marketed by the company CSL Seqirus under the brand name Fluad.
Investigation. On June 26, 2026, the Commission opened a formal investigation looking at the drug company’s practices. The Commission also adopted a Preliminary Assessment which summarized its preliminary competition concerns. The commission found that Sanofi may hold a dominant position in the market for enhanced flu vaccines in Germany and France.
The investigation also looked at the drug manufacturer’s advertising and marketing campaign aimed at health-care professionals (HCPs). The Commission expressed concerns that Sanofi’s campaigns: suggested that the evidentiary basis for Fluad is weaker than that for Efluelda, in contradiction to the findings of the European Centre for Disease Control and national immunization technical advisory groups (NITAGs) in Germany and France; misrepresented national vaccination recommendations; and suggested that the national vaccination recommendations for Fluad in Germany remains subject to unresolved scientific objections from medical professional societies.
The Commission found that Sanofi “may have restricted competition on the market for enhanced flu vaccines in Germany and France, in breach of Article 102 Treaty on the Functioning of the EU (TFEU).”
Commitments. The Commission reported that Sanofi has offered the following commitments relating to address the Commission’s concerns:
To publish a statement on its German website, for a period of two years, acknowledging the ECDC's and German NITAG's assessment. The statement clarifies that the German NITAG has assessed Efluelda and Fluad and concluded that they both have a robust evidence base, and that therefore the German NITAG has recommended them equally for elderly people, over standard flu vaccines. Sanofi has also offered to distribute this statement to German HCPs;
To publish a statement on its French website, for a period of two years, clarifying that the French NITAG's current recommendation treats Fluad and Efluelda as equivalent;
To include, for a period of four years, a prominent citation of the current German NITAG recommendation in German marketing and promotional material for enhanced flu vaccines.
In addition, in its communications with HCPs about enhanced flu vaccines in both Germany and France, Sanofi has offered to refrain from:
criticizing, casting doubt on or contradicting the applicable national vaccine recommendations issued by the relevant NITAG;
portraying Fluad negatively, or suggesting that Efluelda is safer or more effective, unless such suggestion is based on the summaries of product characteristics (SmPCs) approved by the competent health agencies at EU or national level, or on head-to-head comparative studies meeting specified criteria;
using statements implying or suggesting that the evidence base supporting Fluad is weaker than that supporting Efluelda, including through mischaracterization or selective presentation of scientific studies involving Fluad.
including statements as previously described when providing input to so-called Key Opinion Leaders for their interactions with HCPs in France and Germany concerning enhanced flu vaccines. Sanofi also offers to include in its new contracts with such Key Opinion Leaders a clause referring to its commitments.
Sanofi’s proposed commitments would remain in effect until March of 2030. Their implementation would be monitored by a monitoring trustee who will report regularly to the Commission.
Companies: Sanofi
News: Antitrust