Market Intelligence in Commercial Disputes: Examples in the Biopharmaceutical Industry

Commercial disputes under international arbitration between multinational firms often require assessing the impact of commercial strategy, planning and execution. In the biopharmaceutical industry, these disputes often center on failed co-development, co-marketing, and co-promotion agreements, typically as a result of one party asserting that the other has not performed according to the agreement. In this article, we outline how the building blocks of market intelligence can be used to assist in the evaluation of such claims.