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Royalty Rates and Upfront Fees in Share Contracts: Evidence from Franchising

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  • James A. Brickley
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    Abstract

    This article provides evidence on the determinants of royalties and upfront fees in share contracts by examining how state franchise termination laws affect franchise contracts. The results are consistent with the joint hypothesis that the two-sided moral hazard model explains the terms in franchise contracts and that termination laws increase the relative importance of franchisor effort (due to the extra effort that is required to control system quality). I find that franchise companies that are headquartered in termination-law states charge significantly higher royalty rates than companies headquartered in other states (around 1% higher). Correspondingly, the initial franchise fees are lower for companies headquartered in termination states. Overall, franchisees appear to pay a higher price for franchises in states with protection laws. Consistent with a basic tenet of law and economics, price adjustments appear to offset at least some of the transfers that would otherwise be implied by the laws. Copyright 2002, Oxford University Press.

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    Bibliographic Info

    Article provided by Oxford University Press in its journal The Journal of Law, Economics, and Organization.

    Volume (Year): 18 (2002)
    Issue (Month): 2 (October)
    Pages: 511-535

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    Handle: RePEc:oup:jleorg:v:18:y:2002:i:2:p:511-535

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    Cited by:
    1. Steiner, Bodo E., 2009. "The Extent and Nature of Contracting in the Wine Supply-Chain When Moral Hazard is Present," Staff Paper Series 154127, University of Alberta, Department of Resource Economics and Environmental Sociology.
    2. Cain, Matthew D. & Denis, David J. & Denis, Diane K., 2011. "Earnouts: A study of financial contracting in acquisition agreements," Journal of Accounting and Economics, Elsevier, vol. 51(1-2), pages 151-170, February.
    3. Dawson Peter, 2013. "Royalty Rate Determination," Journal of Business Valuation and Economic Loss Analysis, De Gruyter, vol. 8(1), pages 29, October.
    4. Masayoshi Maruyama & Yu Yamashita, 2012. "Franchise Fees and Royalties: Theory and Empirical Results," Review of Industrial Organization, Springer, vol. 40(3), pages 167-189, May.
    5. Muriel Fadairo & Cintya Lanchimba Lopez, 2012. "Performance in distribution systems : What is the influence of the upstream firm’s organizational choices ?," Working Papers 1224, Groupe d'Analyse et de Théorie Economique (GATE), Centre national de la recherche scientifique (CNRS), Université Lyon 2, Ecole Normale Supérieure.
    6. Gonzalez-Diaz, Manuel & Solis-Rodriguez, Vanesa, 2012. "Why do entrepreneurs use franchising as a financial tool? An agency explanation," Journal of Business Venturing, Elsevier, vol. 27(3), pages 325-341.
    7. Cintya Lanchimba, 2013. "Optimal Monetary Provisions in Plural Form Franchise Systems; A Theoretical Model of Incentives with Two Risk-Averse Agents," Working Papers halshs-00830899, HAL.
    8. Muriel Fadairo & Cintya Lanchimba, 2012. "Performance in distribution systems : What is the influence of the upstream firm's organizational choices ?," Working Papers halshs-00727382, HAL.
    9. Christensen, Peter O. & Feltham, Gerald A. & Sabac, Florin, 2005. "A contracting perspective on earnings quality," Journal of Accounting and Economics, Elsevier, vol. 39(2), pages 265-294, June.
    10. Dnes, Antony & Garoupa, Nuno, 2005. "Externality and organizational choice in franchising," Journal of Economics and Business, Elsevier, vol. 57(2), pages 139-149.
    11. Cintya Lanchimba, 2013. "Optimal Monetary Provisions in Plural Form Franchise Systems ; A Theoretical Model of Incentives with Two Risk-Averse Agents," Working Papers 1321, Groupe d'Analyse et de Théorie Economique (GATE), Centre national de la recherche scientifique (CNRS), Université Lyon 2, Ecole Normale Supérieure.
    12. Ivan Kotliarov, 2011. "Royalty Rate Structure in Case of Franchising," Annals of Economics and Finance, Society for AEF, vol. 12(1), pages 139-156, May.
    13. Magali Chaudey & Muriel Fadairo, 2009. "Double-Sided Externalities and Vertical Contracting : Evidence from European Franchising Data," Working Papers hal-00376243, HAL.

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