Breach of a global co-marketing deal: Swiss arbitration

Situation: Our client, a major pharmaceutical manufacturer, had to prove damages from the wrongful termination of its global co-marketing/co-promotion rights to a significant cardiovascular drug in the damages phase of a Swiss arbitration.

CRA contribution: CRA assembled a team of professionals in Europe and the United States with expertise in pharmaceutical marketing, local markets, accounting, economics, and finance. We conducted a thorough analysis of the dozen largest markets at issue and the pharmaceutical manufacturer’s planned marketing efforts and costs. For each country, the drug’s sales and associated costs, absent the wrongful termination, were estimated to demonstrate the lost profits.

Result: An independent expert accepted most of CRA’s analyses and conclusions, rejected most of the opposing expert’s opinions, and found damages close to our estimate. Ultimately, our client achieved a favorable settlement in the matter.