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Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...
Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
Discover our 83 Checklists on Competition law
A.C. Nielsen v CMA [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the order of 4 July 2014; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Appeal by A.C. Nielsen Company Limited against the OFT’s decision to clear the Information Resources Inc./Aztec Group merger and not refer it to the Competition Commission (case 1227/4/12/14). The CAT issued an order quashing the OFT’s decision and referring it back to the CMA on 04/07/2014. Parties A.C. Nielsen Company Limited (A.C. Nielsen). A.C. Nielsen is a US-based market research company operating in over 100 countries. It supplies retail measurement services in the UK. Competition and Markets Authority (which took over the functions of the OFT on 1 April 2014). Information Resources Inc. (IRi), a US-based company that acquired Aztec Group. Background On 18 October 2013, the OFT was notified of the completed acquisition by Information Resources Inc. of Aztec Group....
Case C- 469/15 FSL and Others v Commission (Southern Europe banana cartel) [Archived] CASE HUB (date of judgment—27/04/2017) See further: timeline, commentary and related/relevant cases Case facts ARCHIVED-this archived case hub reflects the position at the date of the decision of 27 April 2017; it is no longer maintained. Outline Appeal brought against the judgment of the General Court partially upholding the Commission's decision of 12 October 2011 finding an infringement of Article 101 TFEU and imposing a fine of €8.92m (reduced by the General Court to €6.69m) on FSL (jointly and severally with two subsidiaries) for its subsidiary's alleged participation in a price fixing cartel in southern Europe for the supply of bananas ('Exotic fruits—Bananas cartel'). On 27 April 2017, the Court of Justice dismissed in its entirety the appeal and therefore confirmed the General Court judgment (and the recalculated fine it imposed). As part its judgment, the Court of Justice concluded that the Commission had acted appropriately in using information and documents (obtained...
Discover our 1945 Practice Notes on Competition law
Legal due diligence questionnaire—private M&A—share purchase Dated [insert date] Introduction This legal due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the entire issued share capital of [insert name of target company] Limited incorporated in England and Wales under number [insert company number] (the Company) from [insert seller name] (the Seller) (the Proposed Acquisition). This questionnaire is designed to enable the Buyer, the Buyer's solicitors and other professional advisers involved in the Proposed Acquisition to obtain the information which the Buyer requires to assist in its valuation of the Company. Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries in respect of both your responses to this questionnaire and generally. Definitions Business • means the business of [insert...
Competition compliance—gathering competitive intelligence guide for staff Knowing our industry and competitors is beneficial to business success, but the risk of encountering a competition law issue when conducting this sort of activity is high. This Competition compliance—gathering competitive intelligence quick reference guide is intended to provide general guidance as to the actions you should and should not take when gathering competitive intelligence. The list is not exhaustive.[ For more information, we also have a set of FAQs on gathering competitive intelligence, which you can find [insert details of where to find FAQs].] 1 Conducting your own analysis You are able to conduct your own analysis, but be careful with the information you use. Do Do not Conduct your own analysis of competitor activity (eg observe at public events, trade shows).Gather competitive intelligence from publicly-available sources (eg published news, trade journals, industry analysis, advertisements, and publicly accessible websites).Purchase and evaluate a competitor’s products or services, for legitimate purposes (eg understanding functionality, market research) and in accordance with...
Dive into our 52 Precedents related to Competition law
Can a franchisor grant a franchise to a limited company and then become a shareholder in that company? Franchise restrictions We are not aware of any specific legal restrictions or laws preventing a franchisor from granting a franchise to a company in which it is also a member. Whether any restrictions apply will depend on the terms of the particular franchise agreement and any relevant franchising regulations. If there are concerns about control of the franchise, a typical franchise agreement will often have substantial provisions to restrict a sale of the franchise business. The ÀÏ˾»úÎçÒ¹¸£Àû® franchise agreement has clauses dealing with a sale of the business, although other franchise agreement Precedents might also include restrictions on the sale of the franchisee’s shares, perhaps via the exercise of options granted to the franchisor (arising on a proposed sale of the shares by the franchisee to a third party). See Precedents and associated Drafting Notes: • Franchise agreement—non-exclusive and associated Drafting Notes • Franchise agreement—exclusive and associated Drafting...
If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the grant payments continue to be made after the end of the transition period on that basis? The short answer is that the position is not clear as it depends on legislation which is presently in draft. Under the Withdrawal Agreement, the UK remains subject to existing EU State aid rules during the transition/implementation period and the EU authorities retain competence to initiate State aid administrative procedures in respect of the UK for four years after the end of the transition period on 31 December 2020 (IP completion day). However, as noted in the query, the detail of the State aid regime and approach in the UK after IP completion day is not clear. Assuming that draft legislation recently presented to Parliament (the State Aid (Revocations and Amendments) (EU Exit) Regulations 2020, SI 2020/Draft) does become law, then as of IP...
See the 42 Q&As about Competition law
A round-up of EU competition law developments, including (amongst other things) (1) a General Court judgment dismissing an action against the Commission’s decision to reject a complaint concerning alleged collusion amongst sand suppliers, (2) the Commission’s decision to two sets of preliminary findings to Alphabet for failing to comply with the DMA, and (3) the Commission’s decision to adopt two decisions under the DMA specifying the measures that Apple must take to comply with certain aspects of its interoperability obligation.
A round-up of EU competition law developments, including (amongst other things) the latest EUMR developments.
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