Research On Anti-monopoly Regulations Of The Franchise Business

As one kind of the commercial management pattern and the management pattern with properties of extensive development on market economy, the franchise business makes comprehensive conformity in modern market economy which has involved the commercial area of knowledge, and becomes the trade in the era of knowledge economy to develop the most important pattern. It has attracted the numerous franchisees to alliance and showing a strong vitality. In order to realize the biggest economic interest, protect the intellectual property rights and maintain the identity of franchising network, Franchisor, with its economic advantages and advantages in franchising resource, generally made many restrictions for the franchisee's economic activities to carry on all sorts of limits. In the antimonopoly law, this kind of limit is named as"the longitudinal limit". That antimonopoly law protected is the competition, but is not the competitor. So various countries' antimonopoly law all established restrict on the limit on competitive conduct.China's franchise started in the not too distant past, and in its development process triggered a series of related legal issues. In the franchise business, the antimonopoly law and regulations aim at protecting competition, and how to keep the maintenance of all quarters and benefit balance is the most complex legal matter.On how to regulate the legal system through franchising in monopolistic behavior, we must go through the franchising restrictions on competition in the analysis, and make comparative study of the United States and the European Union for these acts of legal regulation model, then we can make China's concession to operate the idea of legal regulation. First of all, this paper discusses the theory of the franchise business with the legal definition of characteristics. Then it introduced the franchise's competitive edge, and attempt to analyze the franchise's restricts on competition in the particularity. Thirdly, this paper specifically introduced and comment on the United States and European Union restrictions on the franchise competitive conduct in the legal and regulatory system, then we can draw on two important inspirations on China's franchise in the conduct for anti-monopoly law restricting competition law regulation. In the final ,this paper overview of China's current franchise on the basis of the status,and pointed out deficiencies in the newly developed "Anti-monopoly law" when it involved the franchise business, finally it made in China's franchising special legislation to strengthen anti-monopoly law in the legal regulation of a few ideas in the future.