Over the past decade, it has become increasingly clear to many franchisors that engaging in true “price point advertising”—that is, advertising a product or service for sale at a unitary price good at every outlet nationwide (and not just “at participating locations only”)—is of critical import. Simply stated, their non-franchised competitors engage in “price point” advertising all the time, while until only recently—as elucidated below—franchisors were absolutely forbidden by federal antitrust law from compelling their franchisees to offer products or services at a predetermined retail price.

But all that changed over the past 15 years.

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