The myths of franchise "market power."(Perspectives on Franchising)

Article Abstract:

The revised market power analysis rules established by the US Supreme Court in Eastman Kodak v. Image Technical Services should not be extended to the franchise context because contract law remedies are sufficient to address abuses in the franchisor-franchisee relationship. The parties entered into the franchise agreement willingly, and the franchisee agreed to be bound by those terms. If the franchisor unilaterally changes those terms, contractual remedies are available. Antitrust remedies are only appropriate for harm to third parties involved in the same market.

United States, Laws, regulations and rules, Contracts, Franchises

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Market definition in antitrust litigation in the sports and entertainment industries

Article Abstract:

Antitrust cases in sports or entertainment involve features of product market definition unique to these industries. The products are not functional or utilitarian and consumer preferences are very subjective or dependent upon brand loyalty. Single product and franchise restraints define some markets, while the means of distribution also defines products. A claim of restraint of trade must consider the market definition in this light.

Cases, Antitrust law, Entertainment industry, Sports

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