Franchising forms a major sector of the economy, and businesses
engaged in selling goods and services through franchise systems
routinely confront advertising, pricing, distribution, and other issues
requiring an understanding of the antitrust laws. This volume attempts to
give the practicing lawyer a detailed overview of the federal antitrust
laws as they apply to franchising.
In 2006, the Section of Antitrust Law of the American Bar
Association published a general survey of the law and economics of
product distribution, Antitrust Law and Economics of Product
Distribution. The present volume, published jointly by the American Bar
Association’s Section of Antitrust Law and Forum on Franchising,
augments that publication by focusing specifically on antitrust issues
facing franchisors and franchisees, whether operating under a business
format or product distribution franchise.
The impetus for this project came from Steven M. Goldman and
Robert T. Joseph during the latter’s tenure in 2002-03 as Chair of the
Section of Antitrust Law. Mr. Goldman, Chair of the Forum on
Franchising in 2004-06, has monitored the project from its inception and
provided invaluable suggestions about how best to assemble a handbook
that would prove useful for the franchise and distribution law
The book is the result of long hours and hard work by a number of
lawyers with specialized expertise in antitrust and franchise law, and it is
organized by issue—pricing and advertising, customer and territorial
restrictions, exclusive dealing, purchasing constraints, and joint
franchisee action—to enhance its usefulness to practitioners.
Chapter I offers an introduction to and overview of the antitrust laws.
Chapter II looks at pricing issues, from resale price maintenance, to
cooperative advertising, to price discrimination.
Chapter III considers territorial and customer restrictions.
Chapter IV reviews exclusive dealing and exclusive appointments.
Chapter V addresses tying issues and vendor rebates.
Chapter VI provides an overview of the antitrust law applicable to
joint conduct by franchisees.
The book benefitted from many fine drafters, including Barbara O.
Bruckmann, Thomas J. Collin, Steven B. Feirman, Diane Green-Kelly,
Tanja E. Hens, Michael K. Lindsey, Matthew Moloshok, Samer M.
Musallam, Thomas W. Queen, Joshua S. Ridout, and Eugene F. Zelek,

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