1What is Merck's best alternative to a negotiated agreement (BATNA)?

2What are the factors that influenced merck's BATNA?

3Where are the value creating opportunities in this deal for Merck?

4Does J&J have a valid claim regarding the enactment of Remicade change-of control provision due to the acquisition of S-P by Merck?(Does Merck have a valid point that the provision cannot be enabled due to the fact its merger with Schering-Plough was a reverse merger allowing Schering-Plough to remain in control of Remicade under its original agreement with J&J)

5How might the outcome of the provision influence Merck’s negotiation strategy?