We provide a full range of legal advice to some of the most internationally recognised franchise networks. This includes advising on franchisee relations, litigation with franchisees and franchisee associations, acquisitions of franchise networks and, in general, all matters relating to expanding and redesigning networks or adapting business concepts to the Spanish legal framework.
The franchising and distribution team includes lawyers specialising in intellectual property, e-commerce, data protection, real estate, corporate taxation and employment.
Fieldfisher also plays an institutional role, as one of its members is the founder and legal advisor of the Spanish Franchise Association, as well as Chairman of its Committee of Experts, and has therefore been involved in the main processes of drafting Spanish and EU legislation affecting franchising.
- Drafting and adapting franchise distribution agreements, master franchise agreements and other commercial agreements (territory development, multi-franchise, management, administration, etc.).
- Advice on franchise network management.
- Comprehensive advice on conflict management with both franchisees and, where applicable, franchisee associations. This includes litigating in all jurisdictions, communicating, etc.
- Statutory audit of compliance with anti-trust laws.
- Advising on acquiring and merging franchises.
The due diligence we carry out, always in line with the business strategy of each company, allows us to identify the weaknesses of each network and to implement measures to optimise and improve legal certainty.
- Helping to set up franchise networks and providing legal advice on all aspects of setting up in Spain.
- Negotiating and adapting all types of contracts to Spanish and European regulations.
- Designing and implementing lobbying strategies when systems are not easily adapted to legislation.
Drafting master franchise agreements and adapting them, thanks to a network of correspondents and best friends, to the legal environment of the laws in force in most countries of the world.
Our legal team has an extensive record of success in litigation and arbitration in many areas.