Court Denies J&J Motion Against Pfizer’s Biosimilar

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Eastern Pennsylvania federal court has denied a Johnson & Johnson motion to dismiss an antitrust civil action brought by Pfizer over infliximab. The 2017 suit alleges that Johnson & Johnson engaged in anticompetitive practices (exclusive agreements and bundled rebates to shield Remicade from Pfizer’s biosimilar product, Inflectra.  

In the ruling, the court says: “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 payors, providers, and patients.” It further states that while Johnson & Johnson’s contention that Pfizer’s product has not sufficiently competed with Remicade (due to various factors including no ruling from FDA about its interchangeability) may eventually stand after discovery, the claim itself is not a basis for dismissing the complaint.

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