The Invisible Hand, Hostages and Opportunism: Law and Economics of Franchising

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The Law and Economics of Franchising focuses not on the legal nuts and bolts of franchise disclosure and conflict resolution, but generally on the relatively obscure theoretical foundation that franchising as an organizational mode lies between the two extremes of open markets and firm-internal hierarchies. Using transaction cost analysis and principal-agent information theories, L&E theories show how many provisions in franchise agreements can be shown to be efficient so long as opportunism is controlled. L&E also touches upon some of the underlying justifications for antitrust laws and how they might be applied in the franchise and distribution context.

Speakers:
Professor Adi Ayal,
Faculty of Law, Bar-Ilan University
Professor Robert Emerson, Warrington College of Business, University of Florida
Jeffrey M. Goldstein, Goldstein Law Firm
David Kaufmann, Founding Member and Senior Partner, Kaufmann Gildin & Robbins LLP
Craig Tractenberg, Partner, Fox Rothschild LLP