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To cite this document: Kenneth C. Schneider, James C. Johnson, Bradley J. Sleeper, William C. Rodgers, (1998),"A note on applying
retail location models in franchise systems: a view from the trenches", Journal of Consumer Marketing, Vol. 15 Iss: 3 pp. 290 -
296
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A note on applying retail
location models in franchise
systems: a view from the
trenches
Kenneth C. Schneider
Professor of Marketing and Marketing Research,
St Cloud State University, Minnesota, USA
James C. Johnson
Professor of Marketing and Transportation,
St Cloud State University, Minnesota, USA
Bradley J. Sleeper
Assistant Professor of Law
St Cloud State University, Minnesota, USA
William C. Rodgers
Professor of Marketing and Consumer Behavior,
St Cloud State University, Minnesota, USA
290 JOURNAL OF CONSUMER MARKETING, VOL. 15 NO. 3 1998, pp. 290-296 MCB UNIVERSITY PRESS, 0736-3761
recently opened a unit inside the Toronto Skydome (two other fast food
systems did so inside the student union on the authors campus), and is
testing a new service in which customers place orders by touching a video
screen while waiting at the self-service gas pump; filled orders are then
delivered to the customers car (Mannix, 1996).
Strained relationships Third, and perhaps most troubling to fast food franchisees, the industry
continues to crowd the market with more and more units, often revisiting
markets once deemed fully saturated. This strategy has strained the
relationship between franchisors and franchisees in many systems, especially
in fast food. In one celebrated court case, franchisee Steven Scheck sued
Burger King Corporation for fraud and breach of contract when it opened a
Burger King restaurant approximately two miles from Schecks (Geehern,
1993). Burger King argued for summary dismissal on the grounds that
Schecks contract did not allow for an exclusive territory. Judge William
Hoeveler disagreed, commenting, It is clear that, while Scheck is not
entitled to an exclusive territory, he is entitled to expect that Burger King
will not act to destroy the right of the franchisee to enjoy the fruits of the
contract (Knack and Bader, 1993). In another case, $2.2 million was
awarded a Naugles restaurant franchisee in California when the court found
Naugles has breached its covenant of good faith and fair dealing by
locating another unit within two miles, even though the franchise contract
specified no exclusive territory. The award was recently upheld on appeal
(Gibson, 1996b, p.B1).
Others have sought relief outside the courts. Franchisee complaints filed
with the Federal Trade Commission have grown in excess of 50 per cent
annually during the 1990s, and now number in the neighborhood of 1,000
per year (Whitehead, 1995). Many involve alleged encroachment by the
franchisor. Similarly, within two years of its founding, the National
Franchise Mediation Program had processed 59 disputes. Forty-six per cent
of those involved alleged encroachment, far more than any other single issue
(Franchising World, 1995).
Managerial implications
The implication of these survey results is rather clear. Real-world
franchisees are not particularly enamored of the manner in which their
interests are safeguarded in current generation location models for franchise
systems. While this opposition certainly does not invalidate the models, it
might make them politically untenable as presently cast. Minimally,
franchisees expect to receive the right of first refusal on new units proposed
at locations that might otherwise smack of encroachment.
Direct cash payments Further, franchisees seem more interested in direct cash payments rather
than increased franchisor advertising support as compensation for any
revenue lost by adding a new unit. While beyond the intent of this note, a
franchisor strategy of payment for encroachment appears susceptible to
modeling, especially under Kaufman and Rangans conceptualization. If, in
their model, a projected location would cause a projected 3 per cent annual
decline in revenue for an existing unit, a cash settlement reflecting the net
present value of the profit attending the units lost revenue stream over the
life of the contract (or the expected life of the unit, or some intermediate
duration) would be charged against the franchisors anticipated increase in
Please consider the following situation: Smith owns a franchised unit of ABC Eats. The
franchisor informs Smith of its intention to locate a new unit nearby. The site would not
violate Smiths protected territory, but it would be located close to Smiths territory;
much too close, Smith thinks. How fair to Smith is each of the following: very fair,
somewhat fair, or not at all fair?
Very fair Somewhat fair Not at all fair
Smith is offered first right of refusal
on the new site but nothing else
38.7%
The franchisor offers to negotiate
38.7% a mutually agreeable cash
settlement
22.6%
23.8%
42.3%
Key
royalty income earned by the new unit. The model could then identify the
location with the maximum net improvement in financial performance for
the franchisor, as before.
Inadequate At any rate, fast food franchisees (at least) seem to doubt that the additional
compensation per centage of sales contributions of the new unit causing modest sales
gains throughout the system, or that the franchisor making greater
advertising allocations directly for the benefit of the affected unit,
adequately compensates for encroachment.
References
Economist (The) (1996), MacWorld, 29 June, pp. 61-2.
Franchising World (1995), Franchisees turn to national franchise mediation program,
September-October, pp. 26-8.
Geehern, C. (1993), Franchising nightmare, Minneapolis Star/Tribune, 11 October, pp. 1D, 7D.
Ghosh, A. and Craig, C.S. (1991), FRANSYS: a franchise distribution system location
model, Journal of Retailing, Winter, pp. 466-95.
Ghosh, A. and McLafferty, S. (1987), Location Strategies for Retail and Service Firms,
Lexington Books, Lexington, MA.