ICC arbitration regarding breach of co-promotion agreement

CRA provided expert reports and hearing testimony in an ICC arbitration between Japanese affiliates of multinational pharmaceutical companies. The case concerned breach of an agreement to co-promote a pharmaceutical product in Japan. In support of the respondent’s counterclaim, CRA assessed whether the claimant exercised commercially reasonable efforts in its promotional activities, as measured by a wide range of market data. Additionally, CRA quantified counterclaim damages, developing a damages model linking improved promotional performance by the claimant, according to observable metrics, with increased sales and profits for the pharmaceutical product at issue.