Issues of compliance: good faith, encroachment and antitrust: the past year in franchising is significant mainly because of the absence of any 'blockbuster' judicial pronouncements or decisions. During the 2003 IFA Legal Symposium, the author identified trends in three areas of franchise law: antitrust, the implied covenant of good faith and fair dealing, and Internet encroachment.

Summary

---

Mediation. Arbitration. Litigation

See the full content of this document

Extract

---

Issues of compliance: good faith, encroachment and antitrust: the past year in franchising is significant mainly because of the absence of any 'blockbuster' judicial pronouncements or decisions. During the 2003 IFA Legal Symposium, the author identified trends in three areas of franchise law: antitrust, the implied covenant of good faith and fair dealing, and Internet encroachment.

Antitrust

In the antitrust area, courts continued to set the bar high to establish antitrust claims. While plaintiffs tried to maximize a defendant's market share by limiting the scope of the alleged market, courts have not hesitated to get rid of claims at the motion level by applying traditional criteria to define broader ma...

See the full content of this document

---