Does the New York amendment for City Publications address antitrust law?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR THE STATE OF NEW YORK
NEW YORK 1. The following information is added to the cover page of the Franchise Disclosure Document: INFORMATION COMPARING FRANCHISORS IS AVAILABLE. CALL THE STATE ADMINISTRATORS LISTED IN EXHIBIT A OR YOUR PUBLIC LIBRARY FOR SERVICES OR INFORMATION. REGISTRATION OF THIS FRANCHISE BY NEW YORK STATE DOES NOT MEAN THAT NEW YORK STATE RECOMMENDS IT OR HAS VERIFIED THE INFORMATION IN THIS FRANCHISE DISCLOSURE DOCUMENT. IF YOU LEARN THAT ANYTHING IN THIS FRANCHISE DISCLOSURE DOCUMENT IS UNTRUE, CONTACT THE FEDERAL TRADE COMMISSION AND THE APPROPRIATE STATE OR PROVINCIAL AUTHORITY.
THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
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Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
The 2025 City Publications Franchise Disclosure Document includes an amendment for New York State. This amendment informs prospective franchisees that they can find information comparing franchisors by contacting state administrators listed in Exhibit A or by visiting their public library. It also clarifies that New York State's registration of the franchise does not constitute a recommendation or verification of the information provided in the disclosure document. The amendment advises franchisees to contact the Federal Trade Commission and the appropriate state or provincial authority if they find any untrue information in the document.
Furthermore, the New York amendment states that City Publications may choose to negotiate terms with potential franchisees, but it cannot use this negotiation to impose terms less favorable than those already outlined in the Franchise Disclosure Document.
However, the amendment does not explicitly address antitrust law. Therefore, it remains unclear whether the New York amendment includes specific provisions related to antitrust matters. A prospective franchisee should seek clarification from City Publications regarding antitrust compliance in New York.