Anti-Dumping Case Concerning Certain Pharmaceuticals

McMillan acted as Canadian counsel to Sobi AB and Sobi Canada, a foreign producer, exporter and importer in an anti-dumping case regarding opposing duties on rare disease pharmaceuticals produced in Sweden with the Canadian International Trade Tribunal (“CITT”).

The CITT investigation determined, pursuant to s. 42 of of the Special Import Measures Act, that the dumping did not cause injury and is not threatening to cause injury to the domestic industry.

This case is particularly notable in that it is the first Canadian anti-dumping investigation concerning pharmaceuticals, which raises competing policy demands: anti-dumping price disciplines versus affordable access to life-saving medicines.

Jonathan O’Hara and co-counsel were successful in having the Canadian International Trade Tribunal dismiss the case.

Sobi is a leading integrated biopharmaceutical company dedicated to bringing innovative therapies and services to improve the lives of rare disease patients and their families. An organization covering over 20 countries in Europe as well as the U.S. and Canada.

McMillan’s International Trade Group represents provincial, national and multinational organizations in international trade tribunals. The lawyers in our International Trade Group counsel companies ranging from multinationals to small and growing companies located in Canada and around the world. Governments also look to McMillan for assistance with complex legal issues that require an understanding of political sensitivities and the need for a combination of strategic thinking and tactical excellence. Whether revising laws for a country’s entry into the World Trade Organization (WTO), advising on delicate negotiations affecting regulated or trade protected sectors, or counseling government officials on trade rules applicable to major industrial projects, governments frequently put their trust in McMillan’s lawyers.