Update: On November 20, 2024, the Competition Tribunal dismissed JAMP’s application for leave.
JAMP filed an application with the Competition Tribunal on July 26, 2024, seeking leave to bring an abuse of dominance case against Janssen relating to ustekinumab (Janssen’s STELARA).
JAMP proposes to allege that its ustekinumab biosimilar (JAMTEKI) business, or alternatively its biosimilars business, has been significantly harmed by Janssen’s “gaming of the regulatory system and sham litigation” and other past or ongoing anti-competitive acts.
The pending decision as to whether JAMP can commence the case would be the Tribunal’s first decision under recent Competition Act provisions permitting private parties to apply to bring an abuse of dominance application. Case details are available to view online.
The preceding is intended as a timely update on Canadian intellectual property and life sciences regulatory law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
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