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Distribution and Franchise

Fieldfisher Spain has over 30 years of experience in providing consultancy to catering, retail and service companies expanding in Spain through franchising, master franchise agreements, area development agreements, licence and joint venture options.

We provide advice in the following areas:

  • Legal counselling on franchise relations: Legal audit of compliance of the regulations defending competition. Updating and renewal of franchise registries. Transfer, renewal and termination of franchise contracts. Acquisition of franchised business units. Counselling on the acquisition and merger of franchise networks. Assistance in situation of encroachment. Assistance in the reduction or restructuring of networks. Counselling of the relations between the franchisee and franchiser. Defence of interests for the protection of our clients and that of the franchise industry before the public and political administrations.
  • Internationalisation of franchises: Drawing up of master franchise contracts. Adaptation of the master franchise contracts to the legal environment of the legislations existing in the majority of the countries of the world, thanks to a network of correspondents and best friends with more than two decades of experience in the franchise sector.
  • Internationalisation of franchises: Drawing up of master franchise contracts. Adaptation of the master franchise contracts to the legal environment of the legislations existing in the majority of the countries of the world, thanks to a network of correspondents and best friends with more than two decades of experience in the franchise sector.
  • Creation of franchises and introduction of foreign networks: Assistance in the creation and design of franchise networks and legal counselling in all aspects related to franchises. Analysis of the legal needs of the clients’ business model. Design and execution of lobbying strategies. Preparation and registration of the franchise documents. Drawing up, negotiation and adaptation of all types of contracts to the Spanish and European laws: franchise, master franchise, multi-franchise, joint venture and agreements of business area development. Effective counselling on the obligations and legal requirements for a franchise in Spain and on the best legal means to protect the interests of the clients.
  • Legal proceedings and arbitration: Our team accumulates an extensive history of litigation and arbitration proceedings for all types of matters, from the termination of franchise contracts with the consequent economic claims to the discrepancies in royalties, encroachment, non-competition agreements, anti-trust conflicts and the disclosure of commercial secrets.
  • Contracts and distribution networks: The adaptation of the distribution networks is a task pending in many groups due to the change of economic context or of consumer preferences. The due diligence that we carry out allows identifying the weak points of each network and implementing optimisation and improvement measures of the legal security, always in accordance with the business strategy of each company.