US: J&J’s motion to dismiss Pfizer’s antitrust suit rejected

The district court for the Eastern District of Pennsylvania has denied Johnson & Johnson’s (J&J) motion to dismiss an antitrust civil action brought by Pfizer over infliximab. The suit, filed in September 2017, alleges that J&J engaged in exclusionary contracts, bundled rebates, and multi-product bundling practices related to its originator infliximab (Remicade) that have effectively denied patients access to biosimilar therapies (including Pfizer’s Inflectra) and have undermined price competition in the biologics marketplace.

In a copy of the court’s August 8, 2018, memorandum obtained by The Center for Biosimilars®, Judge Joyner writes that “Pfizer’s Complaint sufficiently alleges that it has suffered an antitrust injury as the result of J&J’s anticompetitive conduct. J&J’s efforts to foreclose Pfizer from the market, as Pfizer has alleged, have led to increased prices for consumers and limited competitive options for end payers, providers, and patients.”

The memorandum goes on to state that, while J&J’s claim that Pfizer’s Inflectra has not adequately competed with Remicade (due to factors including its lack of interchangeability) may ultimately prove true after the discovery process, the claim is not itself grounds for dismissing the complaint.

Full Content: Center for Biosimilars

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