Joint negotiation with the manufacturer/franchisor

Article Abstract:

Joint negotiations by franchisees with the manufacturer or franchisor raise antitrust questions in the modern legal environment. Issues include: who would be hurt by a joint agreement, can a manufacturer's actions be jointly opposed and what techniques can franchisers use? Helpful techniques include dealing in good faith, choosing a reasonable strategy, polite language and monitoring for effects which would hurt competition.

---

Collaboration prompted by competitive concerns

Article Abstract:

Collaboration between dealers and franchisers raises antitrust questions in the modern legal environment. Factors to consider include: how many dealers are making complaints? Do franchisees have the ability to veto establishment of a new franchise? Is the dealer also a manufacturer, or is the franchiser also a retailer? The traditional legal emphasis on price fixing no longer holds sway.

---

Dealer/franchisee collaboration questions and answers

Article Abstract:

Rupert Barkoff, Chris Coutroulis, Lewis Goldfarb, Michael Lindsay and Lee Abrams discuss antitrust questions raised by collaboration between dealers and franchisees. Topics include the 1975 decision American Motor Inns, Inc v Holiday Inns, Inc and the legal changes since then. Another topic concerns an automobile dealership mall in ES Development, Inc v RWM Enterprises, Inc.

Panel Discussion

Similar abstracts:

• Abstracts: Just what is The Franchise Fraud? The franchisee trust as a tool. Representing the prospective franchisee
• Abstracts: Courts differ over whether a franchisor's control over a franchisee creates an agency relationship that will lead to vicarious liability for tortious conduct
• Abstracts: The problem with sales illustrations: why it exists and how it should be addressed
• Abstracts: It's a new era for the fund's fallen chief; a judge takes a decidedly dim view of John G. Bennett Jr.'s request for an allowance
• Abstracts: Standing up for the powerless; a new legal agenda for children and families. Addressing legal needs of the elderly; ABA, state and local bars focus on elder law

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.