Study On Anti-monopoly Exemption Issues In Franchising

As a low-cost and low-risk method for business expanding in large-scale, franchising has hugely developed in the world. With China's entry to World Trade Organization (WTO), franchising will develop rapidly. However, currently in China, the study concerning the anti-monopoly exemption issues of the anti-competition behaviors in franchising is not enough, and the relative laws are not perfect. In this regard, the researching on the anti-monopoly exemption issues in franchising has very strong significance both in academic and realistic field.The purpose of writing this thesis is to propose the writer's suggestions in order to contribute to China's legislations and regulations regarding anti-monopoly exemption in franchising through the analysis of the anti-competition behaviors that may occur in franchising and the comparative study on anti-monopoly legislations and regulations in USA and EU, Therefore, this thesis focus on the following content:In the chapter one, Firstly, introduce the concept of the franchising, and conclude the legal characteristics of franchising by comparing with the interrelated concepts. Secondly, introduce the related theory of anti-monopoly exemption, analyzing the reason to introduce the anti-monopoly exemption in franchise. In the chapter two, distinguish the general anti-competition behaviors and the anti-competition behaviors in franchising, and introduce the related regulations in U.S.A and EU. Secondly, analyze on several typical anti-competition behaviors, such as tie-in, resale price maintenance, regional restrictions of selling and prohibition on business strife, and the reason why such anti-competition behaviors could be exempted. Thirdly, study on the legislation attitude to the anti-competition behaviors in franchising of U.S.A and EU. In the chapter three, Firstly, introduce the development status of franchising in China, and the inadequacy of our law and regulation in franchising. Secondly, use the legislative mode of EU for reference, and propose the legal suggestions on how to improve the anti-monopoly laws and commercial franchise administrative ordinance.