The European Commission has opened a formal antitrust investigation into whether Sanofi breached EU competition rules through a communication campaign that it says disparaged a rival flu vaccine recommended for vulnerable patients.
The Commission announced on Friday that it is assessing whether Sanofi promoted its enhanced flu vaccine, Efluelda, by portraying the competing product Fluad — marketed by CSL Seqirus — as inferior.
Efluelda is designed to provide greater protection against influenza for people over 60. In the EU it competes with Fluad, another enhanced flu vaccine.
The Commission said it is concerned the campaign was misleading and went against national vaccination recommendations in several EU countries, and that it primarily targeted healthcare professionals in Germany and France.
In both Germany and France, the Commission considers Sanofi holds a dominant position in the relevant markets.
What the Commission is examining
The Commission stated it is looking at messaging that suggested the evidence base for Fluad is weaker than Efluelda’s, which it said contradicts the findings of the European Centre for Disease Prevention and Control and national immunisation technical advisory groups in Germany and France.
It is also examining what it described as misleading and/or inaccurate representations of national vaccination recommendations, and claims made in Germany suggesting the recommendation for Fluad remained subject to unresolved scientific objections from medical professional societies.
If proven, the conduct could amount to an abuse of a dominant position under Article 102 of the Treaty on the Functioning of the European Union.
The opening of proceedings does not prejudge the outcome.
The Commission informed it has adopted a preliminary assessment summarising the main facts and outlining its competition concerns, and that Sanofi can now submit commitments to address those concerns.
Unannounced inspections were carried out at Sanofi premises in September 2025.
“Today’s decision to open a formal investigation shows the Commission’s determination to address disparagement practices that can unduly damage competition and informed choices by consumers,” said Teresa Ribera, the Commission’s Executive Vice-President for Clean, Just and Competitive Transition.
