2. UNCONSCIONABILITY and Franchise Litigation BETHANY L. APPLEBY WIGGIN and DANA LLP New Haven, Connecticut C. GRIFFITH TOWLE BARTKO, ZANKEL, TARRANT & MILLER San Francisco, California CARMEN D. CARUSO SCHWARTZ COOPER CHARTERED Chicago, Illinois
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4. Freedom Of Contract Supervision by Courts A threat to franchising as we know it?
7. Why in the world should we discuss antitrust today? Jefferson Parish Hospital v. Hyde 466 U.S. 2 (1984) Eastman Kodak Co. v. Image Technical Servs. 504 U.S. 451 (1992)
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11. The Market Power Contradiction “ Precontract, competition … to sign up franchisees prevents [franchisor] from exercising any economic power in setting contract terms with potential franchisees.” Martino v. McDonald’s (N.D. Ill. 1985) (Rejecting claim that requiring franchisees to buy particular soft drinks was an unlawful tying arrangement)
12. Characterization 53 haircutting franchisees: “ not vulnerable consumers or helpless workers but business people who bought a franchise” Arbitration in MBE agreement: “similar to mandatory employer/ employee… and consumer arbitration” We Care Hair (7 th Cir. 1999) MB Center Owners (Cal. App. 2005)
13. The Renewal Dilemma “ O bviously, there is almost invariably disparate economic power between a franchiser and an already existing single franchisee …” Martino v. McDonald’s (N.D. Ill. 1985)
