September 23, 2024
PUBLIC 1
David Rosner Direct Line: 416.597.4145 drosner@goodmans.ca
The Honourable Andrew D. Little Chair, Competition Tribunal Thomas D’Arcy McGee Building 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4
Dear Justice Little: Re: JAMP Pharma Corporation v Janssen Inc. – CT-2024-006 – Response to Informal Motion for Sur-Reply
J&J’s informal motion, seeking leave to file a Sur-Reply, cites no section of the Competition Act or the Competition Tribunal Rules that would permit such a filing, or any supporting precedent of the Tribunal. Rather than guess what legal basis there is for the relief J&J seeks – especially since J&J has yet to seek relief from the Tribunal for the admission of its Response, which was filed out of time – JAMP takes no position on J&J’s motion. JAMP leaves it for the Tribunal to determine if the Sur-Reply is legally permissible and justifiable in all of the relevant circumstances, and whether it would aid the Tribunal’s decision-making.
However, JAMP offers two observations to assist the Tribunal. First, J&J’s assertion that JAMP raised “entirely new allegations” in its Reply is plainly incorrect. JAMP’s Reply expressly mapped the allegations in paragraph 41 of JAMP’s Proposed Notice of Application against the evidence in J&J’s Response. 1 Instead, it appears J&J belatedly realized that its evidence is inculpatory and is seeking a chance to re-characterize it.
Second, paragraph 20 of J&J’s Sur-Reply disputes that J&J has “in any way obstructed the timely hearing of this leave application…”. JAMP simply notes that, in addition to the matters listed in its Reply at paragraph 96, J&J filed its motion for a Sur-Reply more than a week after JAMP’s Reply was filed, and without any forewarning to the Tribunal or JAMP.
We are available to address any questions you may have about the foregoing.
1
JAMP’s Reply, para. 71.
cc:
Yours truly, Goodmans LLP
PUBLIC 2 Page 2
David Rosner Andrew Brodkin, Jordan Scopa, Jon Wall and Arash Rouhi – Goodmans LLP Robert Kwinter, Nicole Henderson, Jonathan Bitran, Joe McGrade and Brian Facey – Blake, Cassels & Graydon LLP Donald Houston, Kevin Hong, Kendra Wilson – Competition Bureau