Biologic Manufacturers Should Expect Antitrust Scrutiny

Law360 (April 17, 2019, 4:16 PM EDT) -- Democrats and Republicans agree on few issues, but one of them is that something must be done about the high cost of medical drugs in the United States. While government antitrust enforcers have paid much attention over the last two decades to competition from generic pharmaceuticals, there has recently been antitrust scrutiny by private plaintiffs on competition among biologics and their interchangeable biosimilars.

In particular, various plaintiffs have recently filed antitrust class actions in the Northern District of Illinois against AbbVie Inc., the manufacturer of the biologic Humira, and numerous biosimilar manufacturers.

The complaints’ allegations track the antitrust principles of “reverse...

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