The European Commission has invited comments from interested parties regarding a series of behavioral commitments offered by pharmaceutical multinational Sanofi. The antitrust initiative follows a formal investigation into allegations that Sanofi engaged in an anti-competitive communication campaign to disparage its sole rival in the enhanced flu vaccine market for vulnerable patients.
The Commission’s probe, which officially opened alongside a Preliminary Assessment on June 26, 2026, revealed that Sanofi may hold a dominant position in the enhanced flu vaccine market within Germany and France. Enhanced flu vaccines are specifically engineered to offer heightened immunity to individuals over the age of 60. Within the European Union, Sanofi markets its enhanced product under the brand name “Efluelda,” where it competes directly with “Fluad,” an alternative enhanced vaccine manufactured by CSL Seqirus.
Antitrust regulators flagged serious preliminary concerns that since 2024, Sanofi pursued a misleading communication campaign targeting healthcare professionals. According to the Commission, Sanofi actively suggested that the evidentiary and scientific basis for Fluad was weaker than that of Efluelda. This messaging directly contradicted the official findings of the European Centre for Disease Prevention and Control (ECDC) as well as national immunization technical advisory groups (NITAGs) in both France and Germany. Furthermore, Sanofi is accused of misrepresenting national vaccination guidelines and falsely implying that the recommendation of Fluad in Germany faced unresolved scientific objections from prominent medical societies. The Commission fears these actions may constitute an abuse of a dominant position in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU).
To resolve these competition concerns without facing formal penalties or an official finding of infringement, Sanofi has proposed a robust package of corrective commitments that would remain in force until March 2030.
For a period of two years, Sanofi has pledged to publish clear, proactive statements on both its German and French websites acknowledging that the respective national advisory groups treat Fluad and Efluelda as equivalent, highly robust options for the elderly over standard vaccines. The German statement will also be actively distributed to local healthcare professionals. Additionally, Sanofi will incorporate a prominent citation of current German vaccination recommendations in its marketing materials for the next four years.
Furthermore, Sanofi has committed to strict prohibitions regarding its future promotional activities. The company will refrain from criticizing or casting doubt on national vaccine recommendations, portraying Fluad negatively, or claiming Efluelda is safer or more effective unless backed by approved product characteristics or rigorous head-to-head comparative studies. These restrictions will also apply to materials provided to medical Key Opinion Leaders, and Sanofi will mandate compliance clauses in all future contracts with these external experts.
An independent monitoring trustee will be appointed to oversee Sanofi’s compliance and report regularly to the Commission. Third parties and market participants have until August 21, 2026, to submit their views on whether these remedies are sufficient to restore fair competition to the European vaccine market.