Government Relations Update: IFA Pushes for Clear Antitrust Rules

PRESENTED BY:

June 3, 2026

WATCH NOW

IFA Pushes for Clear Antitrust Rules

On May 21, in formal comments responding to the Department of Justice (DOJ) and Federal Trade Commission (FTC) RFI on Business Collaboration Guidelines, IFA urged the agencies to issue clear antitrust guidance for franchise businesses — filling a gap left when the government withdrew its longstanding competitor collaboration guidelines in December 2024.

Why It Matters: IFA is calling for a common-sense business collaboration standard because everyday franchise practices — including territorial grants, cooperative advertising, joint purchasing, and no-poach clauses — are not governed by clear antitrust rules.

Dig Deeper: IFA also urged the agencies to restore safe harbors, create a franchise-specific compliance framework, and confirm that small and midsize brands can make routine business decisions without requiring expensive antitrust counsel.

There’s never been a more historic bill for franchising than the American Franchise Act (AFA), and there’s never been a more important time to join IFA in Washington, D.C., this September for IFA26 Advocacy Summit.

Why It Matters: This year’s Advocacy Summit gives you the opportunity to meet directly with your congressional lawmakers and advocate for passage of the AFA, introduced by U.S. Sen. Roger Marshall (R-KS) and U.S. Rep. Kevin Hern (R-OK). The legislation would establish long-term certainty around the federal joint employer standard to protect both your business and the next generation of franchising entrepreneurs.

What’s Next: Registration is open! Contact IFA’s Erica Farage with any questions.

ADVERTISEMENT | Advertise with IFA

Meet Franchise Champion Rep. Kevin Hern

IFA’s political action committee, FranPAC, and IFA leaders are hosting a virtual fundraiser in support of the aforementioned Kevin Hern's campaign for the U.S. Senate on June 10 at 4:00 PM ET/1:00 PM PT — and you are invited to meet him!

Why It Matters: A former McDonald’s owner-operator in the Tulsa area, Rep. Hern chairs the Congressional Franchise Caucus and is one of the leading advocates for franchise businesses in Congress.

What's Next: Join fellow franchise leaders on June 10 to hear directly from Congressman Hern, his campaign for the U.S. Senate and what it means for the future of franchising. Click HERE to RSVP or contact IFA's Hanna Pelletier for more information.

IFA Backs DOL Retirement Rule

On June 1, the IFA Law Center filed comments supporting the U.S. Department of Labor (DOL) proposed rule clarifying an Employee Retirement Income Security Act (ERISA) fiduciary's duty of prudence—and establishing a process-based safe harbor—for selecting designated investment alternatives, including funds with alternative assets, in participant-directed retirement plans.

Why It Matters: Litigation exposure and rising liability insurance costs deter many small franchise employers from offering plans that include alternative assets like private equity. A clear safe harbor lowers that risk, helping employers offer competitive benefits that improve employee retention and may open new avenues of capital access for aspiring franchisees.

What's Next: The IFA Law Center encourages prompt rule finalization and clarification on three points—how the safe harbor applies in pooled/delegated structures, proportionate compliance for small plans, and benchmarking language that avoids unintended standards.