Remicade Antitrust Lawsuit
Berger Montague represents a proposed class of direct purchasers of the biologic drug Remicade.
Plaintiffs allege that Johnson & Johnson, and its subsidiary Janssen Biotech (collectively, “J&J”) entered into a series of exclusionary contracts with insurers and providers intended to protect J&J’s blockbuster biologic drug Remicade (infliximab) from competition by rival “biosimilar” infliximab products, including Inflectra (by Pfizer) and Renflexis (by Samsung Bioepsis). These contracts, part of J&J’s “Biosimilar Readiness Program,” were designed to impose penalties on those who purchased Inflectra or Renflexis from J&J’s rivals. The result of this contractual scheme was that J&J’s rivals were prevented from gaining market share for their less expensive products, thereby causing Plaintiffs to overpay for their infliximab purchases.
Plaintiffs filed their amended complaints on February 21, 2018. J&J moved to dismiss the complaints on April 9, 2018. Briefing is ongoing.
LEAD ATTORNEYS: David F. Sorensen, Daniel J. Walker, Zachary D. Caplan