US: Russian company can’t sue Roche, Genentech for antitrust violation

Roche, its Genentech subsidiary and an independent Russian distributor cannot be sued in the United States for actions they allegedly took in Russia in order to block a competitor from entering the US market for biosimilar cancer-treatment drugs, a federal appeals court held on Tuesday (November 5). 

The 2nd US Circuit Court of Appeals rejected Russian pharmaceutical company Biocad JSC’s argument that federal and state antitrust laws are broad enough to cover foreign conduct that is ultimately intended to affect US imports.

The suit was filed by Biocad JSC, which makes off-brand versions of cancer medications on which Roche’s patents will soon expire. Biocad also targeted Russian drug distributor R-Pharm JSC and Roche subsidiaries Genentech Inc. and F. Hoffman-La Roche.