Anti-monopoly Issues In Franchise Contract

The modern meaning of franchise produced in 19 centuries in U.S. It takes more and more important role in many economical areas. With the entry into WTO, China shall not ignore this problem any longer as it did before. On the one hand, the franchise becomes more important. On the other hand we do not have any law on the franchise.We have many legation problems on the franchise, such as the contract and the intellectual property. The anti-monopoly problem on the franchise is the most important thing. The franchise is also a special intellectual property. The franchiser often restrains the competition between the franchisee. 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.This issue is divided into four parts:In the first chapter-Summary of Franchise, the author introduces the definition, and features of franchise and based thereupon points out that the monopoly practices are involved in the franchise contract.In the second chapter-Features of Franchise, the author holds the opinion that the special approaches are needed in the regulation of such problem in view to the characteristics of the franchise.In the third 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 this chapter, the author analyzes five clauses in the contract: such as Resale Price Maintenance, Tying Agreement, Market Division, Grant-back Clause, Non-compete Obligation.In the forth 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 end, the author confirms the argument and come to a conclusion...