Antitrust, Franchise and Distribution

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Briggs and Morgan’s Antitrust, Franchise and Distribution practice group is comprised of seasoned, experienced attorneys who devote their practices to advising and litigating cases for local and national businesses on a variety of antitrust, franchise and dealer/distribution/sales representative issues. Our attorneys are listed in Super Lawyers and Best Lawyers in America. The practice group includes an attorney who developed and taught a franchise law course at a local law school, the former head of the antitrust division at the Minnesota Attorney General’s office, and attorneys who regularly speak and write on current developments in the practice area. 


The group publishes quarterly the Franchise, Antitrust, Distribution and Dealer Newsletter.  


Briggs has handled many, and tried several, antitrust cases across the country on issues ranging from Section 2 sales force raiding cases to price fixing class actions. We advise and represent clients in Hart-Scott-Rodino compliance efforts, merger inquiries, and civil and criminal antitrust investigations. A focus of our antitrust practice is counseling ongoing clients with practical, specific advice designed to allow clients to reach their business objectives without incurring substantial antitrust risk.

Attorneys in our group have significant experience litigating franchise disputes across the country, primarily representing franchisors and manufacturers. We have handled actions in various industries on a broad range of topics, including earnings claims, inadvertent franchises, vicarious liability, fraudulent representations, wrongful termination, trademark infringement, non-compete provisions, required product purchases, and many others. Our attorneys have working knowledge of the numerous statutory requirements faced by franchisors and regularly counsel franchisors to ensure compliance with those regulations. We provide full-service representation to franchisors on registration and disclosure requirements. 

A growing area of the law in which Briggs focuses involves the ever increasing myriad of state laws regulating dealer relationships in specific industries, as well as laws regulating distributors and sales representatives. Minnesota has a number of such specialized laws, including a sales representative act and a heavy and utility dealer act.  Likewise our neighbor, Wisconsin, has a Fair Dealership Law, all of which substantially restricts how a manufacturer may interact with its dealers and representatives. Our attorneys litigate and counsel extensively on these and other statutes both in Minnesota and nationwide. We maintain and update 50 state databases on a number of industry specific dealer statutes, and have extensive experience with state motor vehicle, power sport, and marine products acts. We primarily represent manufacturers, but also have significant experience representing automobile dealers under motor vehicle dealer acts.

Representative Matters

To view the Antitrust, Franchise and Distribution Practice Group representative experience, please visit the experience sections of the following practices:

Antitrust

Franchise Counseling

Franchise Litigation

Distribution/Dealer Law