News & Analysis as of

Antitrust & Trade Regulation Franchise

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

Franchise Compliance: Franchising infringement notices and pizza

by Dentons on

A recent decision by the ACCC to issue infringement notices to a franchisor demonstrates the need for franchisors to comply with the ongoing disclosure requirements to franchisees under the Franchising Code of Conduct....more

PowerPoint Slides: Does Your Company's Distribution Strategy Create Legal Risk?

by Pepper Hamilton LLP on

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more

Does Your Company's Distribution Strategy Create Legal Risk? [Video]

by Pepper Hamilton LLP on

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more

Open access rail operators: change ahead?

by Dentons on

Open access still has a low market share - ORR has calculated that open access operators run just 1% of passenger rail miles in the United Kingdom, the rest being worked under passenger rail franchises. No open access...more

A "reasonable basis" for FPRs: what to expect this renewal season from state franchise examiners in light of the proposed NASAA...

by DLA Piper on

Last fall, the North American Securities Administrators Association Inc. (NASAA) issued a notice of request seeking public comment on an updated proposed financial performance representations (or FPR) Commentary. The Federal...more

THE LATEST: Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs

by McDermott Will & Emery on

There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few...more

FRANCHISEE 101: Locked In to One Approved Vendor

by Lewitt Hackman on

Franchisors often require franchisees to purchase supplies, materials, or inventory only from suppliers the franchisor approved. But where franchisors see benefits of consolidating by requiring franchisees to participate in...more

Food and Beverage Law Update: December 2016

by Holland & Knight LLP on

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Correcting an Accidental Franchisor Violation

by LeClairRyan on

What’s a franchise? Franchise registration and disclosure laws define a “franchise” more broadly than people generally realize. A company may be franchising without knowing it. The “license” agreement may have been...more

Franchise Opportunities: One Size Does Not Fit All

by Poyner Spruill LLP on

Purchasing a franchise opportunity has become a popular means of pursuing a new business venture. The idea of joining an established group and utilizing a recognized brand can offer an added level of comfort when going into...more

Sixth Circuit Tri County Decision Provides Much-Needed Clarity on “Successor” Provision in Ohio Franchise Law

by McDermott Will & Emery on

I attach a copy of the US Court of Appeals for the Sixth Circuit’s recent decision in Tri County Wholesale Distributors v. Labatt USA Operating Company, Nos. 15-3710/3769 (6th Cir., July 6, 2016). For students of the...more

What Does Brexit Mean for Franchisors?

by LeClairRyan on

The coming negotiation over the specifics of the UK’s departure from the EU is an unfortunate necessity that follows from the UK’s unfortunate “leave” vote on June 23, 2016. It is too early to know what the relationship...more

FCPA Compliance and Ethics Report-Episode 265-Managing Supply Chain Risk, Part I-with Jared Connors [Video]

by Thomas Fox on

In this episode I begin a multi-part series with Jared Connors on how to manage your supply chain risk. ...more

Competition News May 2016

by Dentons on

Divesture commitments in a merger operation: reminder to maintain the profitability of the transferred business - On April 19, 2016, the French Competition Authority (FCA) once again punished the failure to respect the...more

Top tips for franchisors entering Australia

by Dentons on

The franchising industry is projected to post annualised growth of 2.8 per cent over the next five years according to a recent report by IBIS World – one of the leading industry researchers operating in that market. The...more

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

by K&L Gates LLP on

Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

Arbitration Provision Rejected in Franchise Dispute

by BakerHostetler on

In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more

CMA encourages increased competition in Britain’s rail sector

by Bryan Cave on

On 8 March 2016, the Competition and Markets Authority (“CMA”) published a policy document recommending that the government overhaul the currently franchised rail system. 99% of Britain’s trains presently run under...more

What’s an FPR?

by LeClairRyan on

Every franchise buyer wants to know how much money he or she can make from the franchised business. Franchise sellers naturally want to answer that question in order to make the sale. But many say that they cannot give...more

What’s a Biz Op?

by LeClairRyan on

What’s a business opportunity or, as we often say, a “biz op”? The Federal Trade Commission (FTC) regulates biz op sales under its authority to regulate unfair or deceptive trade practices. The FTC’s definition of a business...more

The Marriott-Starwood merger – Is bigger really better? Impact of the merger on hotel owners, franchisees and developers

The proposed merger between Marriott and Starwood will, by all accounts, create a behemoth in the hotel industry. If the merger goes through as planned, the combined company will be the world’s largest hotel company, with...more

The Competition and Markets Authority's consultation on "Competition in passenger rail services in Great Britain" - On 17 July...

by Dentons on

On 17 July 2015, the Competition and Markets Authority (CMA) published its consultation document regarding competition in passenger rail services in Great Britain. This followed its announcement in January that it intended to...more

What’s an Exclusive Territory?

by LeClairRyan on

The extent of a franchisee’s territorial rights is the subject of Item 12 of the franchise disclosure document (FDD). One of the questions franchisors must address in Item 12 is whether the territory is exclusive....more

FTC settles with two companies over misrepresentations of safe harbor compliance

by Robinson & Cole LLP on

The Federal Trade Commission (FTC) announced last week that it is settling investigations against American International Mailing, Inc. and TES Franchising LLC alleging that each were misrepresenting to consumers that they...more

Traditional Franchise And Beer Distribution Relationships: A Legal Comparison

by Lewitt Hackman on

Beer distribution laws differ from traditional franchise laws in many ways, but the two regimes do share some commonalities. As a matter of fact, many states now regulate the relationship between those who brew or import beer...more

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