Commission seeks feedback on commitments offered by Sanofi over possible anticompetitive conduct regarding the promotion of a flu vaccine for vulnerable patients

 This article is brought to you in association with the European Commission.
(Credit: UNsplash(

This article is brought to you in association with the European Commission.


The European Commission invites comments on commitments offered by Sanofi to address competition concerns regarding a communication campaign that has possibly disparaged the only rival flu vaccine recommended for vulnerable patients with risk factors.

The Commission’s investigation

Sanofi, headquartered in France, is a multinational company 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 another enhanced flu vaccine marketed by the company CSL Seqirus under the brand name ‘Fluad’.

On 26 June 2026, the Commission opened a formal investigation and – in parallel – adopted a Preliminary Assessment summarising the main facts of the case and identifying its preliminary competition concerns.

The Commission found that Sanofi may be dominant in the market for enhanced flu vaccines in Germany and France. Also, the Commission has indications that since 2024 Sanofi may have pursued a misleading communication campaign aimed at health-care professionals (HCPs):

  • suggesting 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 immunisation technical advisory groups (NITAGs) in Germany and France;
  • misrepresenting national vaccination recommendations;
  • suggesting that the national vaccination recommendations for Fluad in Germany remains subject to unresolved scientific objections from medical professional societies.

By doing so, 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).

The offered commitments

To address the Commission’s preliminary concerns, Sanofi has offered the following commitments relating to proactive communication:

  • 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:

  • criticising, 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 mischaracterisation 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.

The commitments offered by Sanofi would remain in force until March 2030. Their implementation would be monitored by a monitoring trustee who will report regularly to the Commission.

The Commission invites all interested parties to submit their views on Sanofi’s proposed commitments no later than 21 August 2026. The full text of the commitments is available on the Commission’s competition website.

Background

Article 102 TFEU prohibits the abuse of a dominant position that may affect trade and prevent or restrict competition within the Single Market. The implementation of Article 102 TFEU is defined in Regulation 1/2003.

Article 9(1) of the Regulation 1/2003 enables companies investigated by the Commission to offer commitments in order to meet the Commission’s concerns and empowers the Commission to make such commitments binding on the companies. Article 27(4) of Regulation 1/2003 requires that before adopting such decision, the Commission shall provide interested third parties with an opportunity to comment on the offered commitments (“the market test”).

If the market test indicates that the commitments are a satisfactory way of addressing the Commission’s competition concerns, the Commission may adopt a decision making them legally binding on Sanofi. Such a decision would not conclude that there is an infringement of EU antitrust rules, but would legally bind Sanofi to respect the commitments it has offered.

If the company does not honour such commitments, the Commission may impose a fine of up to 10% of its worldwide annual turnoverwithout having to find an infringement of EU antitrust rules, or a periodic penalty payment of 5% per day of its daily turnover for every day of non-compliance.

For more information

More information, including the full text of the commitments, will be available on the Commission’s competition website, in the public case register under the case number AT.40998.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

This article is brought to you in association with the European Commission.

Commission seeks feedback on commitments offered by Sanofi over possible anticompetitive conduct regarding the promotion of a flu vaccine for vulnerable patients

This article is brought to you in association with the European Commission. The European Commission invites comments on commitments offered by Sanofi to address competition concerns regarding a communication campaign that has possibly disparaged the only rival flu vaccine recommended for vulnerable patients with risk factors. The Commission’s investigation Sanofi, headquartered in France, is a multinational […]
This article is published in association with United Nations.

US-Iran war: Renewed attacks in Strait of Hormuz prompts another global energy alert

This article is published in association with United Nations. Renewed attacks on shipping in the Strait of Hormuz unsettled energy markets on Wednesday and prompted calls from the UN maritime agency, IMO, for “maximum restraint and de-escalation”. Amid reports that three merchant vessels were hit along with Iranian targets, IMO Secretary-General Arsenio Dominguez condemned “reckless attacks” […]
This article is published in association with United Nations.

When AI hurts people, who’s to blame? Global experts grapple with accountability

This article is published in association with United Nations. Who is legally responsible when Artificial Intelligence causes harm? The issue took centre stage on Tuesday – day two of the first ever UN summit on AI governance, where leading experts warned of mounting evidence of human rights violations linked to the revolutionary technology. “Across 11 Global […]
UN News Humanitarian conditions in the Gaza Strip remain dire, with families in urgent need of shelter, healthcare and food.

Occupied Palestinian Territory: Aid restrictions in Gaza, ‘senseless’ infant deaths in the West Bank

This article is published in association with United Nations. Ongoing restrictions and closures of border crossings continue to hamper delivery of critical supplies into the Gaza Strip, amid mounting concern for children there and in the West Bank, the United Nations said on Monday.  UN teams in Gaza continued to collect food and fuel from the Kerem […]
About the author Sadia Khalid is a Scientist-Physician (MBBS, MD) at Tallinn University of Technology. She is driven by a commitment to advance public health and scientific understanding. With research interests spanning molecular medicine, infectious diseases, bacteriology, hepatology, and gastroenterology, she aims to contribute meaningful, evidence-based insights that support health, safety, and community awareness.

Heat, Flood, Fire: The Climate Crisis and the Body

This article was exclusively written for The European Sting by Ms. Sadia Khalid, a Scientist-Physician (MBBS, MD) at Tallinn University of Technologye. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on […]
UN Ukraine The aftermath of a Russian missile and drone attack on Kyiv in May 2026.

Civilian dangers multiply as drones transform Ukraine’s battlefield

This article is published in association with United Nations. As drones reshape the battlefield in Ukraine, they are also creating new and increasingly complex dangers for civilians, threatening recovery efforts, agriculture and global food security long after the fighting ends. “The battlespace has become a lot deeper, a lot wider and a lot more lethal,” Paul […]
© WHO/PAHO PAHO has mobilised emergency health supplies from its Strategic Reserve in Panama following the earthquakes that struck the country on 24 June.

Venezuela’s earthquake-hit hospitals pushed to the brink as disease risk grows

This article is published in association with United Nations. A week after earthquakes tore through northern Venezuela, hospitals in La Guaira are buckling under the weight of the disaster – and the risk of disease outbreaks in shelters is rising fast. An assessment by the UN-backed Pan American Health Organization (PAHO) found that all eight health […]
Venezuela earthquake disaster: needs ‘skyrocketing’, say relief agencies

Venezuela earthquake disaster: needs ‘skyrocketing’, say relief agencies

This article is published in association with United Nations. In Venezuela, a rescue operation in La Guaira has succeeded in getting a toddler out alive from under the rubble, six days since the double-earthquake disaster. The miraculous story of the three-year-old’s rescue in the worst-hit northern region came as tens of thousands of people remained without […]
© WFP/Maxime Le Lijour Much of Gaza will need rebuilding after the war with Israel.

Despite record $100 million shortfall, Palestine relief agency still ‘a critical platform’ for Gaza recovery

This article is published in association with United Nations. The UN agency serving 5.9 million Palestine refugees, UNRWA, continues to strive to deliver on its mandate while facing an unprecedented $100 million budget shortfall, a gap it hopes to narrow during Tuesday’s pledging conference at UN Headquarters. Operating primarily on voluntary donations since its inception in the […]
© UNOCHA Sloviansk in eastern Ukraine has been regularly attacked with aerial bombs and drones.

UN details humanitarian toll of strikes on Ukrainian power industry

This article is published in association with United Nations. Missile and drone attacks killed at least a dozen civilians in Russia and Ukraine over the weekend as both countries continue to launch long-range drone strikes. Tweet URL Ukrainian authorities reported eight civilians killed and 35 others wounded in Russian attacks on the city of Dnipro on […]
Photo credit: Luis Garcia The UN System is present in La Guaira, the region most severely affected by the devastating twin earthquakes that struck Venezuela.

Venezuela earthquakes leave 680,000 children in need of assistance: UNICEF

This article is published in association with United Nations. Some 680,000 children are among the 1.8 million people in need of humanitarian assistance following the earthquakes that struck Venezuela on 24 June, the UN child rights agency UNICEF reported on Sunday as rescue efforts continue. Damage to hospitals, schools, and water systems is exacerbating the situation for affected families, […]
This article is published in association with United Nations.

Europe heatwave breaks records as UN agencies ramp up health warnings

This article is published in association with United Nations. Climate and Environment As a record-breaking heatwave grips large parts of Europe, the World Meteorological Organization (WMO), national weather services and partners are mobilising heat-health action plans for millions of people facing dangerous temperatures.  The extreme heat is also impacting economic activities, infrastructure, agriculture and ecosystems, the UN weather […]
© Unsplash/Angus Gray Ship transits through the Strait of Hormuz have dropped by over 90 per cent since the crisis escalated in late February 2026.

Stranded Hormuz seafarers begin mass evacuation operation

This article is published in association with United Nations. As the UN International Maritime Organization (IMO) released more details of its plan to evacuate more than 11,000 seafarers stranded in the Strait of Hormuz, one mariner caught up in the emergency has described the ever-present fear of coming under attack. “You don’t know when the war […]
© Unsplash/Angus Gray Ship transits through the Strait of Hormuz have dropped by over 90 per cent since the crisis escalated in late February 2026.

World News in Brief: UN launches Hormuz evacuation plan, UNICEF youth champion killed in Gaza, Lebanon ceasefire ‘largely holding’

This article is published in association with United Nations. The International Maritime Organization (IMO) will begin implementing an evacuation plan for more than 11,000 seafarers stranded in the Strait of Hormuz, the UN agency announced on Tuesday. The development follows months of hardship and distress for thousands of innocent seafarers and comes on the heels of […]
© Unsplash/Michu Đăng Quang The emissions from electricity or gasoline that power air conditioners contribute to global warming. "It's time to come clean" and do more to promote renewable energy, the UN Secretary-General told the London Climate Action Week.

Climate crisis: UN chief lays out solutions blueprint for clean energy transition

This article is published in association with United Nations. As a deadly heatwave continued to grip Europe on Tuesday, UN Secretary-General António Guterres issued an impassioned appeal for more ambitious global action on climate change caused by fossil fuels, to prevent irreversible damage. In a major keynote speech at London Climate Action Week, the UN chief […]

Libya’s political process regains momentum, but window for action is narrowing, UN envoy warns

This article is published in association with United Nations. Libya has been mired in political dysfunction since the collapse of Muammar Gaddafi’s regime in 2011, which shattered State institutions and triggered recurring struggles over legitimacy and power.  The country’s current stalemate pits the UN-recognised Government of National Unity in the capital Tripoli against eastern-based authorities backed […]
© UNICEF Chad hosts refugees from conflicts in neighbouring Sudan, the Central African Republic and Cameroon.

World Refugee Day: UN calls for renewed commitment and solidarity

This article is published in association with United Nations. The UN High Commissioner for Refugees has called on the international community to strengthen support for the nearly 42 million people worldwide who have fled their home countries to escape conflict, violence or persecution. Barham Salih highlighted the contributions refugees make to their host communities as workers, students, neighbours, […]
© WFP/Htet Oo Linn Families in Myanmar have been hit hard by rising prices, with the most vulnerable struggling to meet their daily needs.

US makes $1 billion contribution to UN child rights and food agencies

This article is published in association with United Nations. Two United Nations agencies have together welcomed more than $1 billion in assistance from the United States to support their operations targeting millions of children and hungry families in more than 40 countries. This week the US State Department announced a more than $800 million contribution to the […]
© UNICEF/Oleksii Filippov A bouquet of flowers and soft toys placed near the site of a missile strike, left in memory of the children killed in the early morning attack in Kyiv, Ukraine, on 24 April 2025.

‘Darkest chapter’: Record child violations in 2025, with national forces leading the way

This article is published in association with United Nations. For the first time, soldiers and Government forces were responsible for more grave violations against children in armed conflict than non-State armed groups – and 2025 set a grim new record for the total number of child victims.  The findings come in the annual UN report on Children and Armed […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com