Restricting Competition Of Franchice And Its Legal Rules And Regulations

The Franchice, as one kind of new and special marketing way , the core problem is the promotion of licensing intangible property. People due to the concession by the concession of the franchise business person domination and control, can easily lead to restrictions such as region, feedback, tie-ins, resale price restrictions, some restrictions such as joint pricing-competitive behavior. Competitive behavior for these limitations, our country has just been implemented at the "anti-monopoly law" in this to make a number of the relevant provisions made in judicial practice and practice in franchising occurred in some of the limitations of the deal with competition law judge has can. But I think, from the economic development point of view, franchising will be more and more popular, the scale of development will continue to expand, only to rely on anti-Lung Act the relevant provisions of its conduct restricting competition regulation, can not adapt to the situation. Therefore, for the Regulation of franchising, franchising activities so that the healthy and orderly development of our country should formulate specific franchise law, in this method of franchising market access, franchising contracts, restrictions on competition provisions and liabilities are should be made to the relevant provisions, which restrict competition in the legal regulation on the European Union can learn from the legislative model, supplemented by "anti-monopoly law," such as law, and strictly the provisions of its "applicable exemption" conditions.Thesis is divided into four chapters, the first chapter of Economic Law from the Perspective of franchising questions and restrict competition, mainly the introduction and analysis of the concept of franchising, the characteristics of franchising rights and obligations of the parties, and come out of the franchise in question restrict competition : franchising of market access issues, franchising information disclosure system problem, franchising contract. Chapter II Franchising restrict competition behavior analysis, the main introduction and analysis of a number of restrictions on competitive behavior, including the regional restrictions, grant-back provisions, tying acts to restrict the resale price and non-compete, and from different aspects of the analysis. Chapter III of the United States, the European Union restrictions on competitive conduct franchising Legal Regulation and Its Implications, mainly discusses the United States and the European Union restrictions on the franchise-competitive behavior at different times of the legal regulation changes, and from both the legislative model, the specific system and anti - monopoly law intensity comparison in the area of our country to identify the legislation and learn from the Enlightenment. Chapter IV of my country franchising act restricting competition law system defects and improve the proposed legislation, mainly through franchising our country the existing restrictions on competitive conduct regulation of the relevant legislation in the imperfect and the conflict between the existing legal analysis, franchising itself from the requirements of the development, improve the socialist market economic system and adapt to economic globalization and the development of three aspects required, our country on the need to improve relevant legislation and recommended the development of specialized franchising law for regulation of franchising Law, focusing on legislative principles, the main contents of the legislative model and put forward proposals of their own.