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25 Franchise L.J. 1 (2005-2006)

handle is hein.journals/fchlj25 and id is 1 raw text is: FRiANCHISE LAW JouRNAL AMERICAN BAR ASSOCIATION QUARTERLY JOURNAL OF THE FORUM ON FRANCHISING The Secrets of Success ...................... 2 WILLIAM L. KILLION D o you know The Five Habits of the Highly Successful Franchisor? Neither did our editor-in-chief until he and his law partner presented a seminar on the topic, an experi- ence that forced them to crystalize their thoughts on short order. Each habit will be examined in depth in future issues of the Franchise Law Journal. Keeping Out of Trouble with National Pricing Programs ........................... 3 RICHARD A. DUNCAN AND ANDREW B. CoAN N ational pricing programs allow networks of small, locally operated vendors to compete with conglom- erates without sacrificing the benefits of lower overhead, local entrepreneurship, and quick response to customer concerns. But courts are subjecting national account pric- ing to significant antitrust scrutiny. Our authors look at the history of Section 1 of the Sherman Act, the application of the per se bar on resale price maintenance under the law, and important cases on the topic. They also suggest how national pricing programs can be structured to reduce the risk of antitrust liability. How Not to Run a Railroad .................. I I ELLEN R. LOKKER AND MARK J. LORANGER he lawyer for the former Takeout Taxi franchisees and a former franchisee offer a bird's eye view of what drives a large group of franchisees to initiate litigation against their franchisor. Although Brenco Enterprises, Inc. v. Takeout Taxi Franchising Systems, Inc., did not cre- ate new law, it is of considerable interest as a systemwide franchise dispute that went all the way to trial. It also offers a rare look at a franchise system after the smoke has cleared from the dispute and provides insight into the franchise relationship that goes beyond the mechanical application of legal principles. VOLUME 25, NUMBER I - SUMMER 2005 Franchise Regulation in China ............... 19 ERIK B. WULFF AND TAO Xu y the end of 2004, the People's Republic of China had become the world's largest franchise market, fueled by a rapidly expanding and affluent middle class. Late last year, the Chinese adopted the Measures for the Regulation of Commercial Franchise (Franchise Measures) to address what they regarded as inefficiencies in their previous regu- latory system and to ameliorate concerns of the World Trade Organization. But the new Franchise Measures, as the authors discuss, raise almost as many questions than they answer. Franchising (& Distribution) Currents ........ 26 DEBORAH S. COLDWELL, STEVEN B. FEIRMAN, ALLAN P. HILLMAN, COURTLAND L. REICHMAN, AND ROBIN M. SPENCER A look at recent decisions affecting franchise law. Franchise Law Journal (ISSN: 8756-7962) is published quarterly, by seasons by the American Bar Association Forum on Franchising, 321 North Clark Street, Chicago, Illinois 60610-4714. Franchise Law Journal seeks to inform and educate members of the bar by publishing articles, columns, and reviews concerning legal developments relevant to franchising as a method of distributing products and services. Franchise Law Journal is indexed in the Current Law Index under the citation FRANCHISING. Requests for permission to reproduce or republish any material from the Franchise Law Journal should be addressed to Nicole Maggio, Esq., Copyrights & Contracts, at the address above, or faxed to 312/988-6281. Address corrections should be sent to coa@abanet.org. The opinions expressed in the articles presented in Franchise Law Journal are those of the authors and shall not be construed to represent the policies of the American Bar Association and the Forum on Franchising. Copyright © 2005 American Bar Association. Produced by ABA Publishing. 1A •

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