Crowded House: In an era of hotel brand expansion and the AOP dilemma, are owners still protected?
📌 Hotel brands' expansion, through mergers, acquisitions, and organic growth, has led to brand proliferation and internal competition, challenging the effectiveness of Area of Protection (AOP) provisions. AOPs are designed to prevent brand companies from opening competing hotels within a certain area, but they often fail to offer sufficient protection. Limitations include being brand-specific, not accounting for newly created brands, and allowing chain acquisitions. Owners' remedies are limited, often restricted to company-favored impact studies, with litigation typically prohibited. Proposed AOP improvements include broader competition restrictions, owner involvement in impact studies, and enhanced remedies like termination rights or liquidated damages for AOP breaches.
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