Pfizer Says J&J Illegally Blocking Remicade Competition

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Pfizer has filed suit in Pennsylvania federal court against Johnson & Johnson and its Janssen Biotech unit for antitrust violations in blocking competition from Pfizer’s biosimilar Inflectra (infliximab-dyyb) to protect Janssen’s Remicade (infliximab). The suit says the case is about J&J “imposing a web of exclusionary contracts on both health insurers and healthcare providers (e.g., hospitals and clinics) to maintain its stranglehold in respect of an important biologic, brand name Remicade, also known by its generic name, infliximab.”

The filing says that between 1998 and 2016, Remicade was the only infliximab product on the market. It generated about $4.8 billion in sales for J&J in 2016 alone, it says, with a list price of about $4,000 per infused dose and $26,000 for a full year of treatment. “When Pfizer introduced its competing biologic Inflectra in 2016,” the suit contends, “J&J deployed improper exclusionary tactics to maintain the dominance of its flagship product.”

According to Pfizer, J&J deployed what it publicly termed its “Biosimilar Readiness Plan” centered on exclusionary contracts that foreclose Pfizer’s access to an overwhelming share of consumers, coupled with anticompetitive bundling and coercive rebate policies designed to block both insurers from reimbursing and hospitals and clinics from purchasing Inflectra or other biosimilars of Remicade, despite their lower pricing.

Pfizer asks the court for treble monetary damages in excess of $150,000, costs of the suit including attorney fees, a declaration that J&J’s conduct is unlawful, appropriate preliminary and permanent injunctive relief barring J&J from continuing to undertake its anticompetitive scheme, including the exclusionary contract, and other relief decided on by the court.

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