Covenants Against Competition in Franchise Agreements

Covenants against Competition in Franchise Agreements, Fourth Edition provides a comparative analysis of this critical topic in the franchise context throughout North America. Using a consistent format, this book addresses the following issues for each jurisdiction:


• Has the state or jurisdiction addressed covenants against competition in the context of franchising?

• Have the courts articulated the 'legitimate interests' of the franchisor that will support enforcement of a covenant against competition contained in a franchise agreement?

• What time limitations have courts recognized as reasonable in the franchise context?

• What geographic limitations have courts recognized as reasonable?

• What limitations on activities have courts recognized as reasonable in the franchise context?

• Does the jurisdiction recognize a difference between in-term and post-term covenants?

• Has the state allowed enforcement of covenants against non-signatories?

• Will the jurisdiction modify, 'blue pencil' or otherwise reduce a covenant found to be overbroad?

• When does a non-compete period begin to run?

• Are there additional nuances or peculiarities of the jursidiction's treatment of covenants in the franchising context?