FTC Challenges Johnson & Johnson Patent Acquisition in Antitrust Brief

The Federal Trade Commission (FTC) filed a legal brief this week challenging the antitrust standards applied in a case involving Johnson & Johnson’s acquisition of patents from Momenta Pharmaceuticals. The agency contends that the acquisition violated antitrust law if the transaction resulted in harm to market competition, regardless of the company’s underlying intent or business strategy.

The FTC’s argument centers on the impact of the patent acquisition on the biosimilar market. By acquiring these specific patents, the agency asserts that Johnson & Johnson effectively restricted the ability of competitors to bring lower-cost biosimilar products to market. The commission argues that the court should focus its analysis on the objective economic consequences of the deal rather than the subjective motivations of the parties involved. This filing marks a significant effort by the FTC to refine how courts evaluate potential anticompetitive behavior in the pharmaceutical industry, specifically regarding the accumulation of patent portfolios.

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Date: June 23, 2026

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GOAI