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Author: American Bar Association. Section of Antitrust Law
Publisher: American Bar Association
Published: 2004
Total Pages: 324
ISBN-13: 9781590312247
DOWNLOAD EBOOKThis book provides practical guidance to help counsel sort through issues frequently encountered when a franschise or dealership ends, and addresses what a termination involves.
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Publisher: Amer Bar Assn
Published: 2012
Total Pages: 296
ISBN-13: 9781616328863
DOWNLOAD EBOOK"The Franchise and Dealership Termination Handbook provides practical guidance for lawyers as they counsel their clients and navigate the difficult issues that often arise when a franchise or dealership ends. Termination is often the last thing parties consider when they first enter into a franchise or dealership relationship, but it is a critical event for all parties involved, and can give rise to significant duties and liabilities. A thorough understanding of the contractual relationship between the parties, and the common law and statutory landscape of franchise and dealership termination, is critical to protecting the rights and interests of all involved. This book explains what a termination involves, the steps involved in that process, and how counsel can protect their clients' respective rights and interests. Issues covered include: how to prepare for a termination; statutory limits on termination rights; alternatives to termination; litigation and alternative dispute resolution; frequent counterclaims; antitrust claims in the termination context; post-termination covenants not to compete; and post-termination trademark and trade secret infringement. The second edition of this immensely popular book has been fully updated to incorporate the latest developments in this complicated area of law, and will be an invaluable resource for specialists and generalists alike"--Provided by publisher.
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Publisher: American Bar Association
Published:
Total Pages: 52
ISBN-13:
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Publisher: American Bar Association
Published: 2006
Total Pages: 438
ISBN-13: 9781590316979
DOWNLOAD EBOOKAntitrust Law and Economics of Product Distribution explores the economics of product distribution and examines whether the courts have formulated legal standards consistent with those economic principles - focusing on the sale of goods through dealers, distributors, and franchisees.
Author: Andrew R. Thomas
Publisher: Apress
Published: 2015-04-07
Total Pages: 173
ISBN-13: 1484203852
DOWNLOAD EBOOKAmerican business is dysfunctional. Companies of all sizes follow the mistaken belief that their products and services are best sold through mega-customers with pervasive market reach, such as Amazon and Walmart. Far too many business leaders fail to realize—until it is too late—that the relentless pursuit of volume at all cost is not the key to long-term profits and success. The Customer Trap: How to Avoid the Biggest Mistake in Business is Thomas and Wilkinson’s sequel to The Distribution Trap: Keeping Your Innovations from Becoming Commodities, which won the Berry-American Marketing Association Prize for the best marketing book of 2010. The Distribution Trap contended that cracking the big-box channel is not necessarily the Holy Grail that many marketers assume it is. The Customer Trap takes this thesis to the next level by arguing that all companies, regardless of the industry there are in, should maintain control over their sales and distribution channels. Volume forgone by avoiding the mass market is more than offset by higher margins and stronger brand equity. The Customer Trap shows that giving power to a customer who violates "the ten percent rule" sets a company up for ruin. Yet, when presented with the opportunity to push more sales through large customers, most decision-makers jump at the chance. As a result, marketing has come to resemble a relentless quest for efficiency and scale. Demands from mega-customers in the form of discounts, deals, and incentives erode the integrity of the brand and what it originally stood for. Lower margins become the norm and cost-saving compromises on quality take over. In time, the brand suffers and, in some cases, fails outright. Stark examples from Oreck Vacuum Cleaners, Rubbermaid, Goodyear, Levi’s, and others illustrate the perils of falling into the "customer trap." This book demonstrates in vivid detail how to thrive by controlling your sales and distribution. The authors show how many firms, such as STIHL Inc., etailz, Apple, Red Ant Pants, and Columbia Paints & Coatings, have prospered by avoiding the "customer trap"—and how your company can have similar success.
Author: Gunther Teubner
Publisher: Bloomsbury Publishing
Published: 2011-05-27
Total Pages: 314
ISBN-13: 1847316611
DOWNLOAD EBOOKBusiness networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.
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Publisher: American Bar Association
Published: 2005
Total Pages: 500
ISBN-13: 9781590315200
DOWNLOAD EBOOKAn extensive resource manual for outside and in-house counsel charged with developing or updating their clients' antitrust compliance program, this volume contains detailed essays that explore specific compliance issues from the perspective of experienced practitioners. Includes a CD-ROM containing most of the compliance presentations and other resources.
Author: Jodie Adams Kirshner
Publisher: University of Chicago Press
Published: 2018-05-10
Total Pages: 274
ISBN-13: 022653202X
DOWNLOAD EBOOKWith the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Author: Frank Hoy
Publisher: Edward Elgar Publishing
Published: 2017-10-27
Total Pages: 639
ISBN-13: 1785364189
DOWNLOAD EBOOKFranchising is one of the major engines of business expansion and job creation globally. The Handbook of Research on Franchising offers new insights into entrepreneurial behavior, organizational forms, regulation, internationalization, and other contemporary issues relating to this dynamic business strategy. The Handbook challenges both practitioners and scholars to give attention to the conclusions of scholarly research on this business model. Practitioners can benefit from the results of high quality scientific research, and scholars can find exciting opportunities for contributing to the body of knowledge of a subject that has not received sufficient attention in educational institutions.
Author: Emek Basker
Publisher: Edward Elgar Publishing
Published: 2016-01-29
Total Pages: 513
ISBN-13: 1783477385
DOWNLOAD EBOOKThis Handbook explores and critically examines current research in economics and marketing science on key issues in retailing and distribution. Providing a rich perspective for the discussion of public policy, contributions from several disciplines and continents range from the history of chains and the impact of multinational retailers on international trade patterns to US merger policy in the retail context, the rise of the Internet, and consumer-to-consumer sales. The chapters address methodological issues such as the structural estimation of entry games between retailers, productivity measurement when both inputs and output are not fully observable, and demand estimation with variable assortment. Policy issues explored include mergers, zoning, and the regulation of buyer power, while other chapters address some of the recent exciting developments in technology, retail formats, and data availability. The book goes on to study the changes in online retailing and ‘big data’, and to examine competition in specific retail sectors including gasoline stations, automobile dealerships, supermarkets, and ‘big box’ retail. This state-of-the-art Handbook is an essential reference for students and academics of economics and marketing science, and offers an outsider’s perspective to specialists in operations research, data analytics, geography, and sociology.
