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Vol 13 (2015) - Issue 3

Online sales and competition law controls

Richard Eccles, Bird & Bird LLP, London, United Kingdom

Many franchisors may welcome the use of the internet by their franchisees as a means of reaching a wider range of customers and increasing sales revenue. Others may wish to control or limit the extent or way in which their franchisees use the internet. In either case, EU and UK competition rules impose strict limits on the extent to which a supplier can prevent its franchisees and other retailers from selling the franchise or contract products online. Both franchisors and franchisees need to know the extent to which restrictions on online selling infringe the rules. A franchisor should avoid a situation in which restrictive clauses in the franchise agreement are not valid or enforceable against franchisees.

Government regulation of franchising, licensing, and distribution in Asia – too much, too little, or just right?

Jeffrey A. Brimer, Law Office of Jeffrey A. Brimer, LLC, Denver, USA, Mai Thi Minh Hang, Russin & Vecchi, Hanoi, Vietnam, Terry Kim, Lee & Ko, Seoul, Korea, Etsuko Hara, Anderson Mori & Tomotsune, Tokyo, Japan, S. F. Wong, Shearn Delamore & Co., Kuala Lumpur, Malaysia, Nadia Harto, Herbert Smith Freehills LLP in association with Hiswara Bunjamin & Tandjung, Jakarta, Indonesia, Philip F. Zeidman, DLA Piper LLP (US), Washington, DC USA

There is more regulation of franchising, licensing, and distribution sales and relationships in Asia than in any other continent. This article surveys and compares the laws and regulations that apply to franchising, licensing and distribution relationships under franchise and related laws in The People’s Republic of China, Indonesia, Japan, The Republic of Korea, Malaysia and Vietnam. The authors discuss the breadth and impact of these laws on franchisors, licensors and others; the extent to which there is over-regulation; and, techniques for dealing with these laws. The information and issues are presented in a thematic question and answer format for ease of comparison.