Two decisions have clarified things says Mr

"The intrusion of the internet in the landscape of distribution requires signs to reinvent their business of traders, observed Chantal Zimmer, Delegate General of the French Federation (FFF) franchise. They have any interest to rely on the collective intelligence of their network of franchisees to evolve. "Still must be network aware of the issue and willing to invest in the multi-channel strategy deployment. This is not always acquired.

Jurisprudence: two emblematic cases

As a first step, franchisees have seen a form of unfair competition, coming to question the sacrosanct principle of territorial exclusivity in e-commerce. However, the question has been fairly quickly decided by judges. "Two decisions have clarified things," says Mr. François-Luc Simon, the Simon Associés law firm managing partner. In 2006, the commercial Chamber of the Court of cassation considered that Flora Partners (which operates the flowers garden sign) did not breach the contractual guarantee of territorial exclusivity granted to its franchisee of Marseille by launching end of 1999, its website for sale online. "This decision recalled an essential principle: the answer to the questions that arise in a franchisor and a franchisee is located in the franchise agreement", says François-Luc Simon. That is why, in the years that followed, most of the signs of franchise have added a clause internet to their franchise agreement, paying particular attention to the way in which the territorial exclusivity clause was drafted.

Another landmark decision: in January 2008, the tribunal de commerce de Bobigny considered that by creating a website generating 20 of its turnover, teaches new frontiers should renegotiate the terms of the contract linking with its network of agents and agents so that the development of the site does not return in question the economic equilibrium of the network. "It is a very particular case, observed François-Luc Simon. However, this decision has merit: it raises the question of the economic model of networks.

Several possible strategies

There are different cases:- either the website relies on the network of points of sale: it is the case of Planet Sushi, for example, orders placed on the internet are processed by the point of sale nearest of the client; - Either the website is completely autonomous: it was the case of new frontiers, including the sale of products under brand NF created no value for the network of partners; - Either the Web site and the network have points of convergence: it tries to create Orchestra (see interview with Pierre Mestre), offering for example delivery to customers willing to pick up their order in the store.

"In all cases, the franchise agreement must specify how the value created by the Web site is shared between the sign and its network," explains François-Luc Simon. In never losing sight that the investments made by a sign to create and host its Web site are more or less directly funded by franchisees. At least, which gives them a d e right look! This is the point: it is not easy to mobilize a network of partners - not necessarily because of technological developments - in this type of project. Consultant Michel Choukroun (see interview) sees even an unspeakable "fear of modernity" one of the main brakes to the signs of free internet presence. To loosen the brake, the best solution is to show them what direct benefit they may derive from such an investment: the objective of the website must not necessarily be to "sales", but to reach new targets of customer and to come to the store.