Tagged as: Antitrust

REMICADE Antitrust Settlement Receives Final Approval

In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s REMICADE (infliximab).  The class actions were brought by employee welfare benefit plans, specifically the National Employees Health Plan,…

Read More

The Seventh Circuit Affirms Dismissal of the HUMIRA Antitrust Litigation

The Seventh Circuit issued this week a long-awaited opinion in the HUMIRA antitrust litigation, UFCW Local 1500 Welfare Fund v. AbbVie Inc., Case No. 20-2402.  The appeal is from the Northern District of Illinois’s dismissal of a proposed class action alleging that AbbVie, Inc. created a “patent thicket” around HUMIRA to block…

Read More

Third Circuit Refers Johnson & Johnson’s Remicade Antitrust Claims to Arbitration

We have been covering Pfizer’s antitrust suit against Johnson & Johnson, the manufacturer of REMICADE (infliximab), as well as a related antitrust litigation filed by retailers Walgreen and Kroger Co. and direct and indirect purchasers of Remicade.  The cases generally allege that Johnson & Johnson excluded Pfizer’s infliximab biosimilar from the market through anticompetitive bundling and rebate penalties…

Read More

Abbvie and Adalimumab Biosimilar Manufacturers Face Class-Action Lawsuit Alleging Antitrust Violations Related to Patent Protection of Humira®

On March 18, 2019, UFCW Local 1500 Welfare Fund, a New-York based grocery union, filed a putative class-action lawsuit against AbbVie and seven adalimumab biosimilar manufacturers alleging misconduct and antitrust violations in connection with AbbVie’s assertion of patents to prevent the sale of biosimilar versions of Humira® in the United States….

Read More

European Commission Releases Pharmaceutical Anti-Competition Report

The European Commission has released a report summarizing the European Commission and the national competition authorities’ work to enforce European Union antitrust and merger rules in the pharmaceutical space.  The report notes that, by monitoring the pharmaceutical market to ensure that price competition for pharmaceuticals is not artificially reduced or eliminated, and…

Read More

Motion to Dismiss Denied in Remicade Antitrust Suit

The District Court for the Eastern District of Pennsylvania has denied Johnson & Johnson and Janssen’s (“J&J”) motion to dismiss antitrust claims filed by Walgreens and Kroger concerning sales of J&J’s Remicade.  In the case, the retailers allege antitrust injury based on higher prices paid to distributors Amerisource Bergen and Cardinal…

Read More