(815 ILCS 705/18) (from Ch. 121 1/2, par. 1718)
Sec. 18.
Discrimination.
It shall be an unfair franchise practice and
a violation of this Act for any franchisor to unreasonably and materially
discriminate between franchisees operating a franchised business located
in this State in the charges offered or made for franchise fees, royalties,
goods, services, equipment, rentals or advertising services, if such
discrimination will cause competitive harm to a franchisee who competes
with a franchisee that received the benefit of the discrimination, unless
and to the extent that any classification of or discrimination between franchisees is:
(a) based on franchises granted at different times, and such discrimination
is reasonably related to such differences in time;
(b) related to one or more programs for making franchises available to
persons with insufficient capital, training, business experience or education,
or lacking other qualifications;
(c) related to local or regional experimentation with or variations in
product or service lines or business formats or designs;
(d) related to efforts by one or more franchisees to cure deficiencies in
the operation of franchise businesses or defaults in franchise agreements; or
(e) based on other reasonable distinctions considering the purposes of
this Act and is not arbitrary.
(Source: P.A. 85-551.)
|