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Effecting Change in Franchise Networks

BY David J. Kaufmann
September 26, 2011

This two-part series looks at the law governing a franchisor's ability to effectuate broadscale changes to its network. Part one reviewed systemic changes ' new products, new services and new uniform pricing protocols among them. Part Two herein examines franchise network change triggered by an acquisition of the franchisor.

The acquisition of a franchised network ' whether by a competitor (a “strategic” buyer) or a private equity concern (a “financial” buyer) ' is often followed by significant modifications to that network.

Dunkin' Donuts was acquired by Bain Capital in 2006, with the company shortly thereafter announcing a dramatic nationwide expansion plan and the introduction of a plethora of new food and beverage items. Roark Capital Group over the past decade acquired (among others) the Carvel, Auntie Anne's, Seattle's Best, Money Mailer, Cinnabon and McAlister's Deli networks with the goal of introducing new sales and marketing initiatives; upgrading and enhancing technology; acquiring complementary product lines; and, otherwise effecting significant changes to the acquired networks.

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