The Competition and Markets Authority has announced it intends to accept commitments by Vifor Pharma following an investigation into the company’s conduct in the market for the supply of high-dose intravenous iron.

The commitments offered by Vifor Pharma – which include an ex-gratia payment of £23 million to the NHS and a communication campaign – seek to address the CMA’s concerns regarding Vifor Pharma making potentially misleading claims about a competitor’s intravenous iron treatment.

The CMA launched an investigation in January over concerns that it may have disparaged a competing iron treatment, Monofer, by making misleading claims about its safety and Vifor Pharma’s own product, Ferinject.

The claims, said the CMA, were designed to hinder competition from a rival product and promote Ferinject. Both products are iron treatments used to intravenously treat iron deficiency and iron deficiency anaemia.

Juliette Enser, CMA executive director for competition enforcement, 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.”

This is the first time a misleading claims case has been investigated by the CMA under its competition law enforcement powers. It will now consult on the proposed commitments until 17 January 2025, when its consultation closes.

The CMA is required to consult interested parties before accepting commitments which it considers address its competition concerns.