#franchiselaw

Antitrust law concerns itself in part with resale price maintenance (“RPM”), sometimes more harshly referred to as price fixing. Historically, “horizontal” price maintenance, that is, price agreements between two parties at the same level of the retail chain (such as Costco and Sam’s Club) has been “per se” illegal. This means the mere fact that …

Franchising and Price Maintenance – Part One Read More »

A new case recently came out of the United States District Court, D. Arizona, discussing corporate alter-ego liability, a relatively “hot-button” issue for franchisors. While the court did not make a dispositive ruling on alter-ego liability, the decision offers a useful checklist of the issues that need to be examined. In the case, Cornelis v. B&J …

Franchisor Alter-Ego Liability Read More »