A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such...more
Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.”
Instead, they are applying lessons learned from the...more
7/11/2023
/ Artificial Intelligence ,
Best Practices ,
Clawbacks ,
Compensation ,
Compliance ,
Customs and Border Protection ,
Cyber Threats ,
Cybersecurity ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Intellectual Property Protection ,
Machine Learning ,
Manufacturers ,
Securities and Exchange Commission (SEC) ,
Supply Chain
On April 12, 2023, the Colorado legislature passed the Consumer Right to Repair Agriculture Equipment Act (the “Act”). Under the Act, manufacturers of “agricultural equipment” will be required to provide independent repair...more
The Arizona House of Representatives recently introduced a bill, HB 2404, designed to insulate in-state dealers from market competition that, if enacted, will create a general franchise relationship law in Arizona. Currently,...more
Historically, the Federal Trade Commission (FTC) has shied away from regulating the substance of franchisor-franchisee relationships. A recent FTC press release, however, suggests this may soon change. If so, it is by no...more
Forum-selection clauses matter in franchise disputes — especially in disputes venued in federal court. Just ask Williams Insurance & Consulting, Inc., a franchisee recently booted from its chosen forum in a lawsuit it brought...more
Dealers throughout the United States are riding a wave of dealer-friendly laws. Many of these statutes are to be expected, given a state’s economic priorities: Iowa’s laws predictably protect farm equipment dealers;...more
Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some...more
Over the past few years, many manufacturing industries have faced a new trend: reseller (i.e., distributor or dealer) consolidation within channel networks. From the manufacturer’s standpoint, there is clear upside to this...more
12/27/2019
/ Acquisitions ,
Contract Termination ,
Contract Terms ,
Dealers ,
Distributors ,
Industry Consolidation ,
Manufacturers ,
Mergers ,
Resales Agreements ,
Risk Management ,
Supply Chain ,
Transfer of Control
For the second time in recent weeks, the Federal Trade Commission (FTC) prevailed in its challenge of a high-profile hospital merger. This time, the appeal stemmed from a June 14, 2016, order by Judge Jorge Alonso of the...more
The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more
Many of our readers will recall the decision from Judge John Jones III of the Middle District of Pennsylvania earlier this year, denying the Federal Trade Commission’s (FTC) motion to enjoin 551-bed Penn State Milton S....more
9/30/2016
/ Administrative Proceedings ,
Anticompetitive Behavior ,
Antitrust Investigations ,
Appeals ,
Federal Trade Commission (FTC) ,
Hospital Mergers ,
Hypothetical Monopolist Test ,
Mergers ,
Preliminary Injunctions ,
Remand ,
Reversal
In a dealer-friendly move that is growing increasingly common, see here, Vermont recently made substantial changes to the law that governs the relationship between equipment manufacturers and dealers within the state. Much...more
Loose lips sink ships.
And, at least according to the Wisconsin Court of Appeals, they can sink the protections afforded to privileged communications.
A decision last week in a criminal case could have considerable...more
The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more