Update: On November 20, 2024, the Competition Tribunal dismissed JAMP’s application for leave, with public reasons to be released. According to an Information Note, the Tribunal concluded that “JAMP did not adduce sufficient cogent evidence to give rise to a bona fide belief that an order could be made” under the applicable paragraphs of section 79 of the Competition Act. The Tribunal further concluded that “JAMP’s evidence did not give rise to a bona fide belief that it was directly and substantially affected in its business by a reviewable practice under section 79.”
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.
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