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Vol 7 (2009) - Issue 2

Franchising in Israel: A view from the ground

Neil Wilkof, Partner and Shir Uzrad, Associate. Herzog, Fox & Neeman, Tel Aviv

Israel's franchise market has grown about 250% during the past five years alone. It is expected that the long-term growth trend in franchising will continue, with the result that franchising will have an increasing impact on the nature and character of retail activity in Israel. This article provides an overview of current developments in the Israeli franchising market and of the success of Israeli franchises abroad.

Project to standardise franchising terminology and marketing practices

Professor Aldo Frignani, Frignani & Associati Studio Legale, Turin and Dr Martin Mendelsohn, Visiting Professor of Franchise Management, Middlesex University Business School, London

The European Committee for Standardization (CEN) has been invited by the Austrian Standards Institute (ON) to pursue a standardization of terminology and marketing practices for franchising. In this article the authors offer some personal comments and criticisms of this project, and recommend that it should not be part of the CEN agenda.

Can franchisors set minimum resale prices in a post-Leegin world?

David W. Oppenheim, Kaufmann Gildin Robbins & Oppenheim LLP, New York

In 2007 the Unites States Supreme Court abandoned the century old prohibition on minimum resale price maintenance. However, franchisors wishing to establish minimum resale prices still need to overcome substantial hurdles as the law in this area remains unsettled at federal and state level.

The role of common law illegality in franchise agreements: The Australian example

Penny Ward, Partner and Linda Pellegrino, Associate, Baker & McKenzie, Sydney

A number of court cases in Australia have addressed the relationship between the common law doctrine of illegality and the statutory regulation of franchising. The question arises whether the doctrine of illegality renders a franchise agreement void and unenforceable if local law requirements are not met, particularly in light of the range of statutory remedies available under the Trade Practices Act.

Franchising in Bulgaria

Boyko Guerginov and Ralitsa Gavrilova, CHSH Cerha Hempel Spiegelfeld Hlawati, Sofia

This article offers a unique and practical overview of the laws and regulations which apply to franchising agreements in Bulgaria. The authors consider issues of contract, commercial, competition, intellectual property, tax and investment law. They further discuss the development of the franchising sector in Bulgaria as supported by the activities of the Bulgarian Franchise Association.