Franchising in Milan: discussions on exclusivity and franchisee recruitment

Contractual exclusivity, franchisee selection and supplier relationships were the topics discussed at two roundtables hosted by Curtis together with Assofranchising in Milan on 14 October 2026. The event brought together around 50 representatives of Italian and international franchisors, focusing on practical issues facing Italy’s franchising community.

Two roundtables on franchise network relationships

The event took place at Curtis’s Milan offices and was covered in an update published by the law firm on 20 October. Participants represented networks operating in food service, large-scale retail, retail, education, property, fitness and financial services.

The range of businesses involved gave the discussions a cross-sector perspective. Rather than focusing on the launch of a particular brand, the agenda addressed relationships between those developing a network and those considering joining it: from drawing up contractual terms to the operational decisions that shape the franchise relationship.

Speakers included Curtis lawyers Emanuella Agostinelli, Jacopo Cordiano and Emanuele Ballo. The two sessions combined a legal perspective on franchise relationships with the commercial and practical issues encountered when selecting candidates. The common thread was the relationship between contractual rules and the day-to-day management of a network.

Exclusivity: understanding the European framework

The first roundtable examined the state of franchising in Italy, with contributions from food service and large-scale retail operators. Particular attention was paid to exclusivity provisions in franchise agreements, considered in light of European legislation and recent case law.

The topic was addressed as a matter of contract terms and legal interpretation. Curtis’s update describes a discussion of the applicable rules, not the announcement of new regulations. This distinction is important: the event provided an opportunity to explore relationships between the parties, without presenting any legislative change.

For anyone considering becoming a franchisee, exclusivity is therefore one of the points to clarify when reviewing the agreement. A useful check is to establish exactly what the proposed clause provides, its scope and how it fits within the wider set of mutual obligations. This is practical guidance for reviewing an agreement, not a legal conclusion that applies equally to every network.

Prospective franchisees and confidentiality before signing

The second roundtable focused on the commercial and operational issues that arise when selecting prospective franchisees. The discussion shifted to the period before an agreement is concluded, when the franchisor and candidate are still assessing whether to work together.

From a legal perspective, the session examined the pre-contractual stage, particularly confidentiality agreements and their legal implications in light of recent case law. The decision to devote time to this stage highlights the importance the event’s agenda also placed on documents signed before the franchise relationship formally begins.

For candidates, the practical takeaway is not to focus solely on the final franchise agreement. Before signing a confidentiality agreement, it is worth clarifying which information it covers and what obligations it creates. For franchisors, the same issue calls for careful consideration of the documentation used during selection, alongside the commercial aspects of discussions with potential partners.

Suppliers: another point to check

The discussions also covered the advantages and disadvantages of requiring franchisees to use specified suppliers. This included the limits on such provisions in franchise agreements, with reference to Italian case law and European Union legislation.

Here too, the report outlines the topic discussed without offering a single solution. For the franchising community, the value of the event lies in bringing together three aspects of the network relationship: selecting a partner, defining exclusivity and setting supply terms.

Practical guidance: before joining a network, review the franchise agreement, confidentiality agreements and supplier terms together, seeking qualified advice to clarify your obligations before signing.