Legal Question in Business Law in California

Can the same product (bread) be sold in two different stores in the same shopping center? One being a restaurant and the other a bakery. Keep in mind the restaurant only offers bread for its customers on Sunday for 3 hours.


Asked on 5/12/11, 7:12 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

And this aggrieves you, how? You are going to sue the restaurant to make them stop selling bread on Sunday? Or maybe the supermarket? Maybe you could call the Baked Goods Police.

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Answered on 5/12/11, 7:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You won't find any laws on this; it's purely a matter of private contract. Many shopping-center leases give the first tenant in a particular line of business some kind of protection against the landlord renting to anyone else in the same line of business, or selling the same kind of goods. For example, the first frozen yogurt shop or the first shoe repair, will have a promise in their lease that the landlord will not rent to anyone else selling frozen yogurt or repairing shoes.

For some widely-sold products, maybe fast food hamburger places, the leases would not be so restrictive; Burger King and McDonalds are big enough to coexist without putting each other out of business.

The only way to tell if there is a prohibition against the restaurant selling bread, it would be necessary to ask the landlord if the bakery's lease precludes this. If it does, that's legal. In that case, I would suggest that if the restaurant wants to sell bread on Sunday morning, the owners of the two businesses should work out a deal. Maybe the restaurant could agree to carry bread from the bakery as well as its own bread in exchange for the right to sell bread at all.

Courts have OK'd clauses of this kind as not illegal restraints on competition, because there are so many shopping centers and the restraint is very localized in effect.

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Answered on 5/12/11, 7:30 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the lease agreements of the tenants say no, then no Otherwise, yes.

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Answered on 5/12/11, 8:16 pm


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