J&J faces price and patent probe over TB drug in South Africa

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

J&J faces price and patent probe over TB drug in South Africa

Aerial view of Capetown, SOuth Africa
Cape Town

The drugmaker is reportedly accused of excessive pricing for anti-TB drug bedaquiline and patent evergreening

South Africa’s Competition Commission will investigate Johnson & Johnson over excessive pricing for a tuberculosis drug and patent evergreening, local media reported yesterday, September 14.

The US drugmaker has faced heavy criticism this year over its pricing and patent strategies for bedaquiline, which is used to treat drug-resistant TB.

South African officials are said to be concerned that South Africa is paying twice as much for the drug as other low- and middle-income countries.

The Health Justice Initiative (HJI), a non-profit organisation, announced the probe after a briefing from government officials.

A spokesperson for the Competition Commission confirmed the news to local media and said it would issue a full statement soon.

Bedaquiline prices fell this summer after J&J agreed to license patents to the Stop TB Partnership’s Global Drug Facility.

The Stop TB Partnership is a UN-backed organisation aimed at improving access to TB treatment.

That deal came after access to medicine campaigners targeted J&J over its efforts to extend patent protection on bedaquiline, which is set to expire in most countries this year.

Last month, the Stop TB Partnership revealed that prices for the drug fell by up to 55% as a result of the J&J licence.

J&J now charges most lower-income countries a headline price of $130 for a six-month course of the drug compared to the old figure of $289.

But South Africa doesn’t appear to be benefiting from the slide in prices.

Under the Ministry of Health’s latest deal with J&J, concluded last month, South Africa will pay R5,500 ($288.62) for a six-month course.

Fatima Hassan, a prominent health lawyer and founder of the HJI, called the news “unprecedented and welcome”.

“It is time our country stands up to the bullying of multinational pharmaceutical corporations, in all its forms,” she said.

A spokesperson for J&J said: the company had a "longstanding commitment" to South Africa’s fight against multidrug-resistant tuberculosis (MDR-TB).

"Today, all patients in South Africa who require bedaquiline, our medicine for MDR-TB, have access to it thanks to our collaboration with the government of South Africa and other stakeholders, which has contributed to a steady decline in TB incidence.

"The company will cooperate fully with the Competition Commission in its inquiry, and cannot comment further while this is ongoing," the spokesperson said.

more from across site and SHARED ros bottom lb

More from across our site

IP and commercial lawyers help ITV Studios acquire majority stake in Spanish production company Plano a Plano
The newly merged firm, formally announced on August 4, will have a combined revenue of around $3 billion and 40 IP partners
Managing IP will help mark IP Inclusive’s 10th anniversary by co-hosting a new podcast series covering diversity, equity, and inclusion within the IP profession
Tim Gilman, who joined Kasowitz alongside three other partners, says he is excited to be part of the firm’s ‘elite’ litigation team
A backlash against a White House video promoting deportation and Casalonga opening a new office in Düsseldorf were also among the top talking points
The firm has brought on board two counsel and an associate to complement two previously revealed partner hires
Bradford Newman, who has joined the firm’s new Silicon Valley office as head of complex technology disputes, discusses plans to build the practice group and attract local talent
Managing IP summarises the highlights from the IP STARS rankings for copyright and IP transactions work, the final firm rankings release of the year
Developments included the first judgment from the Nordic Baltic division, an injunction covering the UK, and a new code of conduct
Alston & Bird acted for InterDigital, while Samsung was represented by Fish & Richardson, during the arbitration process
Gift this article