7-Eleven Franchisee Who Rebelled Against Company Loses in Court

OSAKA, Japan – Mitoshi Matsumoto, the person who has waged a David-and-Goliath marketing campaign towards the Japanese comfort retailer big 7-Eleven, stood in entrance of a roomful of the corporate’s franchisees on Thursday, bowed deeply and apologized.

Mr. Matsumoto has spent the final two and a half years preventing in court docket for management of a 7-Eleven retailer that the corporate pressured out of enterprise after he refused to function it 24 hours a day, seven days every week. His wrestle has turn out to be a rallying level for 1000’s of comfort retailer homeowners throughout the nation who’ve bristled towards the corporate’s inflexible management of their franchises, hoping {that a} victory would assist them win a measure of independence.

But on Thursday afternoon, a choose ordered Mr. Matsumoto to right away hand his retailer in the Osaka suburbs, which he opened in 2012, over to the corporate and pay round $ 845,000 in estimated damages for misplaced enterprise.

After the ruling, Mr. Matsumoto stated he was sorry to have let his supporters down, however that he supposed to combat on and attraction the ruling. “It would have been higher if we would gotten a superb consequence, however the push to shorten hours goes to maintain shifting ahead,” he stated.

In a press release, a 7-Eleven spokesman stated the ruling was “acceptable,” including that the corporate would “work even tougher for the patronage of consumers in the area.”

The case’s last final result is more likely to have profound implications for the relationships between Japan’s comfort retailer corporations and the greater than 50,000 retailers they management. 7-Eleven’s places account for greater than 40 % of these shops, and for many years the corporate has been seen because the trade normal.

Mr. Matsumoto’s issues started in early 2019, when he determined he would shorten his retailer’s hours, closing 5 hours each evening in defiance of firm coverage. He was exhausted, labor had turn out to be more and more unaffordable, and he had determined that the income from staying open into the wee hours didn’t justify the prices.

It was a seemingly small act of rise up. But standing as much as one of the vital highly effective and ubiquitous companies in Japan made him a star and uncovered the internal workings of an trade that had lengthy been celebrated as a mannequin of effectivity.

Mr. Matsumoto’s resolution set off a yearslong – and typically surprisingly petty – battle of attrition with the corporate. In its efforts to rid itself of Mr. Matsumoto, 7-Eleven employed non-public investigators to maintain tabs on his enterprise. It finally revoked his franchise, a choice it stated it made after quite a few buyer complaints and disparaging remarks posted by Mr. Matsumoto on social media.

After he sued to maintain his retailer, the corporate constructed one other, smaller one in the shop’s car parking zone and threatened to cost him for the development prices.

In 2020, Japan’s Fair Trade Commission issued a blistering report on the comfort retailer trade’s enterprise practices. It warned corporations to not abuse their energy over franchisees and steered that they could run afoul of the nation’s antimonopoly legal guidelines.

In addition to the calls for that shops all the time keep open, the fee cited different basic issues with the trade’s enterprise mannequin, together with deceptive recruiting practices and forcing retailer homeowners to inventory extra merchandise than they might promote. The fee ordered the chains to develop a plan for enhancing their therapy of retailer homeowners.

Earlier in 2020, the Covid-19 pandemic and ensuing state of emergency had prompted the corporate that controls the 7-Eleven chain, Seven & I Holdings, to allow some comfort retailer franchisees to close briefly or to restrict their hours.

But it has continued to place obstacles in the trail of those that want to maintain shorter hours, in accordance with Reiji Kamakura, the chief of the Convenience Store Union, a small group of householders that has struggled to develop in the face of robust opposition from the trade.

“The head workplace has not modified its place that it needs homeowners to finish shorter hours,” he stated.

Other issues have persevered as nicely.

In March, a franchisee in Kagoshima Prefecture filed a criticism towards 7-Eleven with the Fair Trade Commission over claims that the corporate’s representatives had overstocked his retailer with out his information, inflicting him to lose cash on unsold merchandise. Part of the corporate’s income come from promoting its branded merchandise to franchisees. That case remains to be pending.

Efforts by franchisees to wrest a higher measure of management from 7-Eleven suffered a setback this month, when a choose dominated towards a bunch of householders who had demanded the precise to train collective bargaining towards the corporate.

Mr. Matsumoto, by his personal admission, has not been an ideal consultant for the homeowners’ trigger.

Private investigators had collected proof towards him that was used in court docket, together with grainy video footage that the corporate stated confirmed him head-butting a buyer and sending a flying kick right into a automobile’s facet panel. His attorneys argued the photographs had been inconclusive.

Either method, the complaints towards Mr. Matsumoto was irrelevant to the central concern of 7-Eleven’s relationships with its franchisees, stated Shinro Okawa, a member of Mr. Matsumoto’s authorized workforce. “Owners are gathered right here as a result of 24-7 operation is an issue.”

Mr. Matsumoto stated he was trying ahead to the combat forward.

But, he joked, “If I lose once more, I’m giving up and shifting to America.”

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