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J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

Law360 (August 10, 2018, 8:29 PM EDT) -- Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

The ruling from U.S. District Judge J. Curtis Joyner rejected J&J’s bid to sink litigation that Pfizer launched in 2017. Judge Joyner found that Pfizer’s suit plausibly alleges that J&J breached the Sherman Act and the Clayton Act by threatening to deny rebates for Remicade if health insurers covered rival biosimilar products, such as Pfizer’s Inflectra.

According to Judge Joyner, Pfizer has supplied “detailed allegations regarding...

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Case Information

Case Title

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Case Number

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Pennsylvania Eastern

Nature of Suit

Other Statutes: Anti-Trust


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Date Filed

September 20, 2017

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