The European Commission is currently undertaking unannounced inspections at a company operating within the vaccine sector. This action is driven by concerns that the company may have breached EU antitrust regulations, specifically Article 102 of the Treaty on the Functioning of the European Union, which addresses the abuse of a dominant market position.
On Tuesday, French pharmaceutical group Sanofi (SASY.PA) announced that representatives from the European Commission conducted visits to its facilities in France and Germany on Monday. This visit is part of an investigation regarding the company’s practices in the seasonal flu vaccine sector. Sanofi expressed its confidence in adhering to all relevant regulations and is committed to fully cooperating with the European Commission throughout the investigation.
Unannounced inspections are a preliminary step in investigating suspected anticompetitive practices. It is important to emphasise that these inspections do not imply guilt on the part of the company, nor do they determine the outcome of the investigation.
The Commission is particularly focused on investigating potential exclusionary practices that could be classified as anticompetitive disparagement. During these inspections, Commission officials are collaborating with representatives from the relevant national competition authorities.
The Commission is committed to upholding the rights of defence, particularly the right of companies to present their case in antitrust matters.
There is no statutory deadline for completing inquiries into anticompetitive conduct; their duration varies based on factors such as case complexity, cooperation from the parties involved, and the exercise of their rights. Recently, the Commission concluded two antitrust investigations related to anticompetitive disparagement in the pharmaceutical sector, in cases AT.40588 (Teva Copaxone ) and AT.40577 (Vifor).
