We reported on 26 August 2024 that JAMP had filed an application in the Canadian Competition Tribunal seeking leave to bring an action under the Competition Act regarding Stelara® (ustekinumab). JAMP alleged that Janssen had abused its dominant market position, in contravention of section 79 of the Competition Act by “…gam[ing] the pharmaceutical regulatory system and use[ing] sham litigation to disincentivize rivals from launching their own ustekinumab drugs”. JAMP’s application was the first leave application under the Competition Act’s abuse of dominance provisions to be determined by the Tribunal since the 2022 amendments allowed private parties to seek leave to bring such applications.
On 20 November 2024, the Canadian Competition Tribunal dismissed JAMP’s application for leave to bring an action under the Competition Act. The Tribunal held that JAMP’s complaint failed due to a lack of “cogent” evidence to support its allegations that:
- Janssen had gamed the regulatory system and engaged in “sham” litigation;
- Janssen’s FINLIUS drug was a “fighting brand” as JAMP had presented no argument to suggest that it was forced out of the market by FINLIUS;
- Janssen had engaged in predatory pricing;
- Janssen had sent anti-competitive communications to physicians, insurers and patients; and
- Janssen’s conduct could have the effect of substantially lessening or preventing competition in the ustekinumab market.
In March this year, JAMP launched the first ustekinumab biosimilar to Janssen’s Stelara® in Canada. The Alvotech-developed Jamteki™ was approved by Health Canada in November 2023. The March 2024 launch followed a settlement between Alvotech and J&J in February 2024 regarding ustekinumab.