- The FTC has filed an amicus brief in an antitrust case alleging that drug manufacturer Johnson & Johnson illegally maintained a monopoly through anticompetitive conduct. The brief argues that the Supreme Court precedent establishes that antitrust law is focused on the impact of anticompetitive conduct, not on the intent to harm competition.
- CareFirst of Maryland Inc. brought a class action alleging that Johnson & Johnson willfully maintained monopoly power in the market for Stelara (Ustekinumab) through the acquisition of Momenta Pharmaceuticals and its patient portfolio. Stelara is a common drug used to treat several autoimmune conditions including psoriasis, psoriatic arthritis, ulcerative coaltits, and Crohn’s disease.
- The FTC stated that it filed the amicus brief due to its strong interest in proper application of federal antitrust laws and in ensuring that the court focus on the effect of competition and harm on consumers, not on proof of specific intent to harm competition.