Anti-monopoly Issues In Franchise Contract

There is no denying the fact that franchise contract has brought anti-monopoly issues out. With the economic development and entry into WTO, China shall not ignore this problem any longer as it did before. The analysis in this article is not confined to the area of franchise regulations. Rather, the competition law and intellectual property law are also involved in the research. The author herein, by means of deduction and comparison, makes exploration of nature of franchise and monopoly, thus, gives suggestions on the legislation of anti-monopoly issues in franchise.In the first chapter-Summary of Franchise, the author introduces the history, definition, and features of franchise and based thereupon points out that the monopoly practices are involved in the franchise contract. In the second chapter-How to Regulate the Monopoly Malpractice, the author holds the opinion that the special approaches are needed in the regulation of such problem in view to the characteristics of franchise. Then the author analyses the definition and comparison of monopoly and competition, the monopoly exclusion policy etc. The author argues that the two doctrines related to franchise-the competition law and monopoly exclusion policy -are not in conflict. In the third chapter-The Legislation of China, the author begins with the general introduction to the relevant laws and regulations, and emphasizes that the competition law shall be considered as well when dealing with the monopoly issues in franchise. The author points out that we have to formulate or modify regulations related to franchise with the analysis on the strengths and weaknesses of relevant statutes.In the forth chapter -Laws and Regulations of America and European Union, the author lists the relevant clauses specified in the anti-trust laws and the competition laws, also, tries to analyze the differences between them.In the final chapter -Suggestions on Legislation, the author concludes some basic principles and proposals on how to regulate the anti-monopoly issues in franchise.In the end, the author confirms the argument and come to a conclusion.