Antitrust and Franchising: Key Concepts, Issues, and Contractual Relationships, Study notes of Law

Download Antitrust and Franchising: Key Concepts, Issues, and Contractual Relationships and more Study notes Law in PDF only on Docsity! Notes Anti trust and franchise Anti Trust Key concepts to know Purpose – promote and preserve competition Anti trust comes from “trusts” created to drive out small competitors and control markets John D. Rockefeller Per se vs. Rule of Reason Per Se violations Horizontal agreements to fix prices or divide markets Declining in use Rule of Reason Significantly restricts business competition and has no overriding business justification Sherman Act felonies Common issues to avoid Price Fixing Horizontal Market Allocations Vertical price restraints Tying arrangements Docsity.com Page 2 Franchising Contractual relationship License to use name, mark, etc. Legitimate – benefit to both Illegitimate – criminal Beware false information Market penetration Extent of advertizing, etc. Pyramid schemes vs. Multi Level Marketing Vicarious Liability Arises from Negligence Actual agency Apparent or ostensible agency Driven by actual control exercised by Franchisor Docsity.com