I don't disagree it would be difficult to change if agreement to publish had been reached with the NEJM prior to the start of the peer-review. That would mean the Journal been shown enough data for them to desire to publish. But even that being the case, there would still have to be a contract that benefited/satisfied both parties. If nothing else, there would have been conditions in an agreement/contract that protected both parties. For example, the Journal would require the right to withdraw from the agreement if the TLD wasn't sufficient to meet their publishing standard, and I would hope the company would require a condition that publication must occur no later than X days/months after the submission of TLD/proposed article, or the company could option to go elsewhere. Even in publishing, you don't give either party the absolute right to do as they please. (At least that's what a couple of successful authors I've known have told me)
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