Overestimation and Venture Survival: An Empirical Analysis of Development Commitments in International Master Franchising Ventures

Many international master franchising contracts include "development commitments," clauses specifying a number of units that master franchisees must develop in exchange for exclusive rights to an assigned market, typically their entire home nation. I analyze 142 contracts with development commitments signed by US fast food franchisors and their master franchisees. Several empirical regularities emerge from the analysis: First, the development commitments are large and rarely completely fulfilled. Second, a robust negative relationship exists between survival and development commitment size. Further, ventures with larger commitments exhibit a lower level of investment still productive at the end of the development period. Various explanations for these regularities are considered.     

International Franchising Practices in Mexico: Do Franchisors Customize Their Contracts?

The contracting practices of franchisors outside their domestic market have received little attention in the empirical literature on franchising to date, largely because of lack of data. We exploit a novel data set that allows us to describe the contracts offered by a number of US and Canadian franchisors operating in Mexico and also compare them to contracts employed at home. Our analyses reveal a series of stylized facts that we hope will prove useful in guiding future empirical and theoretical research on contracting and especially on cross-border contracting practices. These are as follows: (1) The overwhelming majority of franchisors seeking franchisees in Mexico offer exactly the same contract to potential Mexican franchisees as that employed in the home market; (2) Among those franchisors that already have established outlets in Mexico, nearly half use the exact same fees in Mexico and at home; (3) The majority of those franchisors that make changes only alter the fixed fee component of the contract; (4) There is no evidence that franchisors use franchising more or less in Mexico compared to home as an alternative to royalty rate customization—in fact, the extent of franchising (versus company-owned units) of these firms in Mexico is not different systematically from that observed in their domestic market or worldwide; and (5) There is no evidence of increased customization over time—if anything, the evidence suggests increased similarities in contracting practices over time.     

Family versus Non‐Family Firm Franchisors: Behavioural and Performance Differences

Drawing from resource‐based theory, we argue that family firm franchisors behave and perform differently compared to non‐family firm franchisors. Our theorizing suggests that compared to a non‐family firm franchisor, a family firm franchisor cultivates stronger relationships with franchisees and provides them with more training. Yet, we predict that a family firm franchisor achieves lower performance than a non‐family firm franchisor. We argue, however, that this performance relationship reverses itself when family firm franchisors are older and larger. We test our hypotheses with a longitudinal dataset including a matched‐pair sample of private U.S. family and non‐family firm franchisors.     

Entrepreneurial global franchise ventures: US and European franchisee failure strategic and empirical perspectives

Rapid United States and European franchise growth offers potential benefits for stakeholders and host counties, as well as the potential for failure. Franchisee failure research is a complex area confounded by varying failure definitions, approaches, an event-focus, and single-year data. This paper includes a strategic franchisee failure perspective that views franchisee failure as a multi-stage process rather than an event; new longitudinal data from the United States for over 780 franchise systems and 292,000 franchise units and United Kingdom franchisee failure data for over 700 franchise systems and 31,000 franchisee units; and estimates of current European business-format franchise market size, including selected Central and Eastern European countries. Understanding and mitigating franchisee failure provide potential lessons for franchisors and franchisees. Franchisee failure and the strategic implications for franchise entrepreneurial ventures is a significant research area that merits further study and analysis.     

Franchisors do their homework before entering international markets: Experiences from the Australian franchising sector

Whilst the literature on international franchising practice is well established, an issue that remains unaddressed is the optimal timing for international expansion activities. In this study an Internet survey of the population of business format franchisors in Australia is conducted to obtain a profile of franchising, including international expansion data. In the second stage, a series of case studies with 16 Australian-based franchise systems is reported. The results indicate that franchisors do not wait until the domestic market is saturated before venturing overseas. Moreover, franchisors tend to develop their international expansion strategies after the business has demonstrated success in the local market.     

Water Rights Markets: Social and Legal Considerations

A bstract . Complete reliance on water rights markets for an efficient allocation fails to recognize the impact of currently existing social externalities and legal uncertainties. Specifically, it is possible that water may have a "community value" which may not be captured in the market price of a water right , there by precluding an efficient market solution. Also, there are uncertainties related to the legal/institutional process currently governing the use of western water which have the same implications for the standard notion of economic efficiency. These result primarily from inconsistencies in the application of certain legal principles , and the incomplete definition and assignment of ownership rights to the use of water.     

Developing and Implementing a Selection Model for Bedding Chain Retail Store Franchisee Using Delphi and Fuzzy AHP

This work presents a Fuzzy Analytic Hierarchy Process (Fuzzy AHP) model that adopts several important criteria. A questionnaire based on selection criteria identified from pertinent literature and interviews with experts is designed using the modified Delphi Technique and then sent to experts and decision makers. Major selection criteria are then analyzed and ranked using Fuzzy AHP. The proposed selection model not only enables a franchiser to select franchisees more objectively, but also be apply to other brand bedding company chain stores, thus enhancing commercial operations.     

Microfranchise emergence and its impact on entrepreneurship

Our investigation uses structuration theory to explore the emergence of a microfranchise whose aim is to raise the income of smallholder farmers in Kenya by enabling an increase in productivity. This longitudinal real time qualitative study tracks the key actions taken in developing the venture, beginning in the conception phase of startup and continuing through to the initial stage of operations. In doing so it focuses on how agency and structure reciprocally influence the resulting social enterprise. The findings indicate that agency is not exclusive to the founders. Rather it was distributed among the micro-franchisor’s stakeholders to significantly shape the nature and scope of the enterprise. While franchising, generally, is not noted to provide autonomy and independence to franchisees, we find the opposite in this emerging market context. Implications are discussed.     

Outlet ownership in franchising systems: an agency based approach

Building on prior agency theoretic explanations of the franchisor–franchisee relationship, this paper introduces the franchise system manager in the traditional dyadic channel. This allows us to link the franchisors internal agency problems of providing incentives to managers to their external agency problems of acquiring and extracting rents from franchisees. I find preliminary empirical support for this approach in a structural equations model estimated on a franchise system data set. I then develop and analyze an agency‐theoretic model with agency tradeoffs. An explicit rationale for mixed ownership in franchising emerges from the model, where the share of company owned outlets is endogenously determined as the tradeoff between franchisee rents and managerial compensation. Copyright © 2002 John Wiley & Sons, Ltd.     

Time will tell: interaction effects of franchising percentages and age on franchisor mortality rates

Drawing from franchising and organizational ecology literatures, we hypothesize that franchising provides benefits to franchisors by addressing issues of adverse selection, moral hazard, holdup, obsolescence, and senescence. We assert that, over time, these benefits increase such that the more a franchise chain utilizes franchisees rather than company-owned outlets, the greater the franchising benefits accrue to the franchisor. We test our propositions by studying the mortality rates of 393 franchise organizations in the U.S. automotive products and services sector over the 21-year time period 1985–2005, using proportional hazard analysis. We find that older franchise chains with higher percentages of franchised units have lower mortality rates than older franchise chains with lower percentages of franchised units. We also find that younger franchise chains with higher percentages of franchised units have higher mortality rates than younger franchise chains with lower percentages of franchised units.     

建筑物区分所有权之专有权研究

建筑物区分所有权涉及诸多法理与实务中的难点问题，理论问题如专有权的判定、专有部分的范围、专有权的权能及其限制等，实务问题涉及建筑物基本单元界定、地下车库权属界定及转移、酒店拆零销售等。     

To be entrepreneurial,or not to be entrepreneurial? Explaining differences in franchisee entrepreneurial behavior within a franchise system

Although franchising scholars largely acknowledge that franchisees may behave like entrepreneurs, little is known about whether and why franchisees differ in their entrepreneurial behaviors. Franchisees are semi-autonomous entrepreneurs running geographically dispersed units within established organizations. We therefore use corporate entrepreneurship (CE) literature to define and measure franchisee entrepreneurial behavior, and we build on an entrepreneurial motivation framework to develop an integrative set of hypotheses that explain differences in franchisee entrepreneurial behavior. We test these hypotheses using survey data on 119 franchisees within a single Dutch franchise system. Our results show that the extent of franchisee entrepreneurial behavior varies considerably, even within a single franchise system. The differences in franchisees’ entrepreneurial behaviors can be explained by differences in franchisees’ intrinsic goals, relational satisfaction and local competition.     

Legal rights,information sharing,and private credit: New cross-country evidence

Using improved measures and recent data from Doing Business, this paper reexamines the effects of legal systems and information-sharing on private credit. The results indicate that stronger legal rights, better contract enforceability and better information sharing are associated with higher private credit to GDP ratios across countries. These effects are significant even when the sample is restricted to include either developing countries only or poor countries only, but the effects of both legal rights and enforcement are stronger the richer the countries. Still, there is no evidence of substitution patterns among credit market institutions in poor countries. Overall, this paper may be viewed as enhancing the robustness as well as the generalizability of earlier evidence aimed at establishing a link between legal and information-sharing institutions on one hand, and the size of credit market on other hand.     

国有企业的反垄断法规制问题探析——《中华人民共和国反垄断法》第七条释义

我国反垄断法第七条规定,国家对国有经济占控制地位的关系国民经济命脉和国家安全的行业以及依法实行专营专卖的行业的合法经营活动予以保护,并对经营者的经营行为及其商品和服务的价格依法实施监管和调控,这是国有企业反垄断法规规制的法律依据。本文试图对这一规定做出解读,以利于法律的实施。     

Brighter prospects? Assessing the franchise advantage using census data

This paper uses Census microdata to examine how starting a business as a franchise rather than an independent business affects its survival and growth prospects. We assess factors that influence the decision to become a franchisee and use various empirical approaches to correct for selection bias in our performance analyses. We find that franchised businesses on average exhibit higher survival rates than independent businesses; but importantly, the difference is small compared with claims in the trade press. The effect is also short lived: conditional on surviving a year or two, we no longer find survival (or growth) differences. We then explore two potential sources for this small survival advantage, namely franchisors’ screening process and the benefits arising from the brand and business know‐how provided by franchisors. We find evidence that both of the sources contribute to the franchising advantage.     

THE ECONOMIC THEORY OF VERTICAL RESTRAINTS

Abstract.  The types of contracts arising in a typical vertical manufacturer–retailer relationship are more sophisticated than a simple uniform price. In addition to setting per unit prices, manufacturers and retailers also revert to non-linear pricing and non-price instruments. These instruments or contracts are referred to as vertical restraints and can take the form of franchise fees, resale-price maintenance, exclusive dealing, exclusive territories and slotting allowances. The use and the effects of one type of instrument versus another depend crucially on specific market assumptions upstream and downstream and on the division of bargaining power between manufacturers and retailers. This paper surveys the industrial organization literature on retail pricing and shows that vertical restraint instruments have important effects on producer and consumer prices, market structure, efficiency and welfare.     

加油站网点拓展和经营中法律风险分析及防控对策

在加油站网点拓展和业务发展过程中,伴随着市场占有率提高和利润增加,法律风险也如影随形。为维护企业合法权益,我们采取对策力图减少并尽可能防止纠纷,也有了不少成功案例,但纠纷还多有发生。笔者以为,之所以如此,关键在于防控思维重总结,轻落实",谁来抓落实,如何抓落实,落实不到位怎么办"的风险防范责任难执行。我们应转换思维,落实责任,通过完善制度体系来保障风险防控落到实处,切实降低法律风险。     

Proposing new variables for the identification of strategic groups in franchising

The identification of strategic groups in the Spanish franchising area is the main aim of this study. The authors have added some new strategic variables (not used before) to the study and have classified franchisors between sectors and distribution strategy. The results reveal the existence of four perfectly differentiated strategic groups (types of franchisors). One of the major implications of this study is that the variables that build a strategic group vary depending on the respective sector the network operates in and its distribution strategy. This fact indicates that including sector and distribution strategy is absolutely necessary to achieve good classifications of franchisor types.     

Managing gray markets through tolerance of violations: a transaction cost perspective

Exclusive territory distribution arrangements are commonly observed in many markets. Once deployed, such arrangements are often subject to gray market activity, in the form of unauthorized sales which violate assigned restrictions. Interestingly, however, firms frequently choose to tolerate violations, rather than pursuing complete enforcement (i.e., by terminating violators) or abandoning exclusivity entirely. We draw from the literature on transaction cost economics to propose that tolerance of gray market activity is a function of a firm's ability to detect violations, and of the existence of credible threats and commitments. We also draw on the traditional literature on exclusive territories to suggest that minimizing distributor free-riding on services, which influences the decision to use exclusive territories in the first place, continues to be a concern after deployment. We collect micro-level data and test our predictions through a survey of managers who were responsible for the distribution decisions in their respective companies. Our results suggest that tolerance of violations is influenced both by transaction cost and free-riding considerations. © 1998 John Wiley & Sons, Ltd.     

Effects of brand-related and market signals on franchisees’ entrepreneurial decisions: a multi-country panel data analysis

This paper analyses the influence of market and brand-related signals on franchisees’ decisions when choosing a franchise brand with which to open an outlet for the first time. Panel data methodology was used to analyse a sample of 1277 chains operating in Spain, Mexico and Peru between 2004 and 2013. The results show that market signals prevail over brand-related signals. Within brand-related signals, franchisees first seek information relating to the brand’s sector and then seek information relating to the brand’s value. Franchisors should match the content of the signals they send to the market to the true characteristics of the franchise. Franchisors should also endeavour to ensure the country where they operate has general and franchise-specific legislation that fosters business activity by both franchisor and franchisee. The use of institutional quality as a signal in a multi-country study represents a significant contribution to the literature on franchising.