Blog

Minerva Law's Insights, News and Latest Updates

Franchise & Competition Law Briefing — 31 August 2026

 

Franchise & Competition Law Briefing

Franchise & Competition Law Briefing • 31 August 2026

Growth Without Greed, Brand Without Borrowing, and Building for What’s Next

This week’s developments reveal a franchise sector recalibrating around discipline rather than speed. From deliberate expansion restraint to the legal boundaries of brand imitation and the erosion of online visibility by AI, the common thread is clear: sustainable success now demands sharper strategy, stronger protections and a willingness to prioritise long-term resilience over short-term gains.

Roll’d slows expansion despite double-digit growth

30 August 2026 • QSR Media Australia (Australia)

Roll’d posted 12.04% comparable growth in FY26 but is deliberately prioritising stronger franchisee returns over opening new stores.

Why It Matters

When a franchisor chooses to slow network growth despite solid comparable sales, it signals a conscious shift toward unit-level economics and franchisee profitability. Under the Franchising Code, prospective franchisees rely on disclosure documents that reflect the network’s growth trajectory, so a move from expansion to consolidation will materially change the risk profile in future disclosure. Existing franchisees may see less intra-brand competition, while incoming franchisees should carefully test whether a maturing network can sustain the returns suggested by recent comparable growth figures.

Read full release →

When does a clever lookalike become a copyright breach?

31 August 2026 • Inside Small Business (Australia)

An analysis of Aldi’s well-known “dupe” product strategy highlights the legal risks of imitating branded packaging and trade dress.

Why It Matters

Franchise systems rely heavily on proprietary branding, trade dress, and registered intellectual property to set themselves apart. This article is a reminder that the boundary between competitive imitation and actionable IP infringement remains highly fact-sensitive, which matters for franchisors enforcing brand exclusivity and for franchisees who may face copycat competitors in their territories. Franchisors should ensure their IP registrations and franchise agreements contain robust protections, and franchisees should report suspected infringements promptly so brand value is preserved.

Read full release →

Australians dine out less as costs rise, despite discounts

31 August 2026 • Inside Small Business (Australia)

Consumer spending on dining out is falling as cost-of-living pressures push Australians to be more selective about when eating out is worth the expense.

Why It Matters

Food and beverage franchises form one of the largest segments of the Australian franchise sector, so reduced dining frequency puts direct pressure on franchisee revenue and viability. Under the Franchising Code, franchisors must act in good faith, and a sustained downturn may call for a rethink of marketing fund expenditure, supply pricing, and support measures to avoid claims the system is not providing adequate franchisor support. Prospective franchisees should stress-test their financial projections against this trend of more deliberate consumer spending rather than leaning on historical trading data.

Read full release →

Yo-Chi wins over London, next stop America

30 August 2026 • The Age – Business (Australia)

Australian frozen yoghurt franchise Yo-Chi is drawing queues at its first UK store and is now setting its sights on expansion into Texas.

Why It Matters

International expansion by an Australian franchise brand raises significant legal questions around adapting franchise disclosure to foreign regulatory regimes and managing cross-border IP protection. Franchisors entering new markets must balance rapid growth ambitions with compliance obligations under each jurisdiction’s franchise laws, which can differ materially from the Australian Franchising Code. The success or failure of offshore expansion can also materially affect the franchisor’s financial position as disclosed to domestic franchisees.

Read full release →

Home owners are being short-changed by insurers’ cash payouts

30 August 2026 • The Age – Business (Australia)

APRA has warned that insurers’ cash settlements are sometimes too low to cover the repairs disaster-affected customers actually need.

Why It Matters

Franchisees who suffer property damage from natural disasters depend on adequate insurance payouts to rebuild and resume trading. If cash settlements fall short of actual repair costs, as the financial regulator has flagged, franchisees risk prolonged closures that could trigger default under franchise agreements or loss of territory rights. Franchisors and franchisees alike should review the insurance adequacy clauses in their agreements and confirm that coverage reflects current rebuilding costs rather than outdated valuations.

Read full release →

How AI is eating web traffic and why reliable information is harder to find

31 August 2026 • Inside Small Business (Australia)

AI tools are scraping website content to train models instead of directing traffic to original sources, raising concerns about accuracy and reduced online visibility for businesses.

Why It Matters

Franchise networks invest heavily in digital marketing and SEO to drive local customer traffic to franchisee locations. If AI-generated answers divert consumers away from franchisor websites, and may present inaccurate brand information, both franchisor reputation and franchisee lead generation are at risk. Franchisors should consider updating their digital strategies and marketing fund allocations to address this shifting landscape, while ensuring that any AI-generated content about the franchise system does not create misleading or deceptive conduct risks under the Australian Consumer Law.

Read full release →

What it really takes to build a resilient business today

30 August 2026 • The Age – Business (Australia)

Business owners share how they are building skills, systems, and flexibility to make the most of limited time, money, and people.

Why It Matters

Resilience is a core concern for franchise systems, where the financial health of individual franchisees determines the strength of the entire network. Practical strategies around workforce management, cost control, and operational flexibility are directly relevant to franchisees navigating cost pressures and to franchisors designing support programs. The Franchising Code’s good faith obligations increasingly require franchisors to provide meaningful operational support, making system-wide resilience planning a compliance consideration as much as a commercial one.

Read full release →

Key Takeaways

  • Roll’d’s decision to slow store openings despite strong comparable growth signals a broader shift in franchising towards prioritising franchisee profitability over network size.
  • Aldi’s lookalike product strategy is a reminder that franchisors must actively monitor and enforce their trade dress and packaging rights, as the line between competitive imitation and actionable infringement is narrower than many assume.
  • Falling consumer spend on dining out underscores the need for food and hospitality franchises to sharpen their value proposition, as cost-of-living pressures make every customer visit harder to earn.
  • Yo-Chi’s international expansion from Australia to the UK and now the US illustrates the global potential for well-positioned franchise brands, but also the regulatory and operational complexity that cross-border growth brings.
  • AI tools scraping web content without directing traffic back to original sources present a growing risk to franchise brand visibility, making it essential for networks to review their digital strategy and content protection measures.
Tsungai Mukushi

Tsungai Mukushi
Principal, Minerva Law

Franchise lawyer since 2008, acting for franchisors and franchisees across the full franchise lifecycle.

Minerva Law • Specialist Franchise Lawyers •
minervalaw.com.au

 

Share:
Related articles:

We’d love to hear from you

Leave us your info and we will get back to you.