Antitrust & Trade Regulation Franchise General Business

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Franchising Update - Winds of Change Arrive

In previous Franchising Updates, we reported on the Wein Review of the Franchising Code of Conduct (Code) and the Abbott Government's response to the recommendations in the Wein Report. On 2 April 2014, the Government...more

The GPMemorandum, Issue 179 (Distribution Issue)

In this Issue: - Tying And Other Claims By Service Competitor Rejected: A federal court in Arizona has rejected various antitrust claims brought by a servicer of aircraft power units against a manufacturer of...more

Major Amendments To Franchising Code Foreshadowed: The Australian Government Has Today Released An Exposure Draft Of The...

Stakeholders are invited to comment on the draft bill and Regulations by 30 April 2014 with the changes expected to take effect from 1 January 2015. The highlights of the amended Regulations include: Increased...more

Ownership Of Competitive Franchise Systems: Risks And Rewards

Franchise systems have been, and continue to be, sought-after investment and acquisition targets. As a result of this, the demand for ownership of franchise systems often exceeds supply. In fact, there has been almost a...more

Reviewing Franchising and Business Opportunity Fundamentals

After creating a successful business model, expansion becomes the next natural step. But such growth usually requires the involvement of third parties, especially if resources are limited. There are several ways to expand...more

Franchising Update - February 2014

To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more

Global Connection - November 2013

In today’s global marketplace, companies need to be informed about foreign laws and practices that impact, or may potentially impact, their businesses in the various regions they serve. This edition of Global Connection...more

States propose revising the "relationship" between franchisors and franchisees

In the '90s, we witnessed efforts by franchisee rights advocates to introduce federal franchise legislation to protect franchisee interests in their relationships with franchisors. In connection with the FTC reviewing and...more

Supreme Court of Ohio Clarifies Beer and Wine Franchise Law

Last month the Supreme Court of Ohio helped clarify an oft-litigated feature of the state’s beer and wine “franchise” law. Like most such enactments, Ohio’s franchise law (the “Ohio Alcoholic Beverages Franchise Act”)...more

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more

Australia: Commonwealth Government Responds To The Review Of The Franchising Code Of Conduct

The Australian Government has released its response to the review of the Franchising Code of Conduct (Report) and has accepted in full or in principle the majority of recommendations made by the independent reviewer and...more

Amended Red Flags Rule now in effect – are you still a creditor?

The FTC’s amended definition of “creditor” within the Red Flags Rule is now in effect. The definition is narrower in scope, but under it, a franchisor may still qualify as a “creditor.” For instance, if you use a...more

How To Represent Prospective Franchisees And Franchisors

FRANCHISING PRIMER - I. INTRODUCTION - A. In General Franchising is a method of distribution that combines the advantages of a central specialized system with the capital and micro-management of local independent...more

The Unintended Franchise: If It Quacks Like A Duck . . .

Originally published in Nevada Business Magazine on 1/1/2013. Are you operating a franchise system without realizing it? If you are licensing to others the right to use your trademark for a fee, the answer could be yes....more

Focused on Franchise Law - December 2012

In This Issue: - Franchisor 101: FTC Updates Definition of "Exclusive Territory" - Franchisee 101: No Franchise If You Don't Pay A Fee - Barry Kurtz Honored As 2013 Super Lawyer ...more

Franchise E-Review: September 2012 - Frequently Asked Questions

What is the current state of Canadian law regarding pricing practices between franchisors and franchisees? While the practice of price maintenance has been reduced from a criminal offence to a reviewable practice under...more

FTC Expands ‘Business Opportunity’ to Include Work-At-Home Enterprises

The Federal Trade Commission has expanded the definition of a “business opportunity” to include work-at-home opportunities in a new Business Opportunity Rule that also simplifies the required disclosures to one page plus...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

Can A Franchisor Require Franchisees to Buy Supplies, Ingredients, or Products From It?

The antitrust laws sometimes forbid product “tying.” A tying arrangement is an agreement by a party to sell one product on the condition that the buyer also purchases a different (or tied) product. In the...more

Franchising - what can a franchisee do if things go wrong?

Following on from my article on the franchise agreement I consider what a franchisee can do if his franchise fails despite his or her best efforts. The franchise agreement is likely to contain a term that enables the...more

The franchise agreement: understanding what you are letting yourself in for.

If you take a franchise you will be asked to sign a contract which will be at least 30 pages long. This contract will have been drafted by the franchisor's lawyers and it will look after the franchisor's interests and not...more

PMPA Franchise Agreement Disavowing Plaintiff's Claim to an Exclusive Market and Geographic Territory Trumps Alleged Oral...

Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009) In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more

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