The following Competition practice note provides comprehensive and up to date legal information covering:
As with other commercial arrangements, 'franchise agreements' are potentially subject to EU and Member State competition law requirements (in particular, the Article 101(1) TFEU prohibition on restrictive agreements and/or equivalent provisions under national law). Before considering the application of Article 101 TFEU, it is necessary to consider what is meant by a 'franchise agreement' and to identify the different kinds of arrangements that might be pursued by commercial parties.
Franchising is the grant of specified rights by one party to another in return for a fee and exists in various forms. Thus a 'franchise' is an arrangement whereby the franchise owner (Company A) allows third parties (such as Company B) to use a name, trademark and/or a particular business method (for example, know-how) which is associated with the franchisor. Company A supervises that use and provides training and other assistance (eg publicity) to Company B in order to help it run the franchise. A franchise therefore amounts to a licence to use a business method for a specified period subject to a royalty.
Many businesses use franchising. It is particularly common in the fast food sector (eg KFC, Burger King, etc), leisure sector (eg hotel chains), utility services (Dyno-Rod) and retail products (eg B&Q).
Use of the franchise distribution model has significantly increased in the last few decades and can enable the franchisor
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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