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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