Asia Pacific: Hungry for growth – Asia Pacific’s food and beverage franchising surge

Off the Shelf, the Baker McKenzie Consumer Goods & Retail Sector Group video podcast

In brief

Asia Pacific’s food and beverage (F&B) franchising sector is undergoing rapid growth, driven by economic development, urbanization, and a young, tech-savvy consumer base. To succeed in this dynamic environment, brands must navigate diverse regulatory frameworks, adapt to local tastes, and develop robust market entry and exit strategies. Strategic foresight and operational agility are essential, as sustainable growth depends on understanding local nuances and ensuring compliance with regulatory requirements.

In our latest episode of the Off the Shelf podcast series, Jonathan Flintoft (Partner, Baker McKenzie Sydney), Cahyani (Icay) Endahayu (Partner, HHP Law Firm Jakarta), and Serene Kan (Partner, Wong & Partners Kuala Lumpur) explore what’s fueling Aia Pacific’s F&B franchise boom.


Contents

Key takeaways

  • Learn the legal landscape: The legal environment across Asia Pacific is highly complex and varies significantly by jurisdiction. Regulations governing foreign investment, franchising, licensing, and intellectual property vary widely, requiring careful navigation. To ensure successful market entry and long-term growth, franchisors must develop a deep understanding of local legal environments and seek expert legal advice well in advance.
  • Know the local market: What resonates in one market from a product, service, or branding perspective may not translate effectively in another. The most successful brands adapt to local tastes and consumer behaviors while maintaining their brand identity.
  • Plan effective entry and exit strategies: Companies must develop robust entry and exit plans to manage risks, such as market volatility, geopolitical issues, currency shifts, and supply chain disruptions. This is especially important in highly regulated markets like Indonesia and Malaysia, which may require franchisors to pay some form of compensation to the franchisee in the event of early termination through no fault of the franchisee.

In depth

The F&B sector is at the forefront of Asia Pacific’s franchising boom, with quick service restaurants, coffee chains, and casual dining brands expanding rapidly, particularly in Southeast Asia and China. Rapid economic growth and urbanization across Southeast Asia have given rise to a large and growing middle class with greater disposable income and a stronger inclination to dine out. As populations shift toward urban centers, the resulting high consumer density has fueled a demand for convenience and quick-service food options. These consumers, largely composed of young millennials and Gen Zs, are more receptive to innovative dining concepts and increasingly reliant on food delivery services.

Navigating market entry barriers in the F&B sector

In Indonesia, foreign investors face restrictions, and often outright prohibitions, on direct investment in the F&B sector. These limitations apply particularly to small-scale operations such as food stalls, beverage kiosks, and restaurants with fewer than 100 seats. The franchising framework is also highly regulated, requiring not only registration and disclosure but also measures to protect Indonesian franchisees. For example, franchisors must now include provisions for compensation or allow franchisees to continue operating the business if the franchisor terminates the franchise agreement. Moreover, Indonesia enforces mandatory halal certification for F&B, ensuring customers are informed about which items are halal. Given these regulatory complexities, foreign investors and brand owners typically favor franchising or licensing models when entering the Indonesian F&B market.

Australia’s franchising sector operates under a robust regulatory framework governed by the Franchising Code of Conduct, which sets out detailed requirements for disclosure, registration and conduct. The country has a high concentration of franchised businesses, particularly in the F&B, retail, and accommodation sectors. These sectors were significantly impacted by the pandemic, with challenges compounded by rising living costs, high labor expenses, and intense competition. However, recovery is underway, supported by declining interest rates. Notably, healthy fast food outlets and hotels are emerging as key drivers of growth, offering multiple opportunities for expansion.

Foreign companies operating in China must tailor their offerings to suit local consumer preferences and adopt flexible operational strategies. Navigating the country’s complex cultural norms, social dynamics, and multifaceted regulatory and legal environment is also essential. Historically, international franchising companies have concentrated on first-tier cities such as Beijing and Shanghai. However, as these markets become increasingly saturated and operating costs rise, many global brands are shifting their focus to lower-tier cities, such as Chengdu and Chongqing, where growth opportunities remain strong.

Given the diversity of regulatory regimes across Asia Pacific’s F&B sector, a deep understanding of each jurisdiction’s risks and opportunities is critical to achieving successful market entry and long-term growth.

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