Study Of Anti-Monopoly Regulation On The Business Franchise

The modern conception of the Franchise was theoretically agreed to be generated in the United States in the late 19th century. Since then, franchise mode has been developing rapidly all around the world, and has become an important way for the enterprise development in the era of knowledge economy. Why franchise mode has been lasting for a hundred years and keeps flourishing? What unique characteristics dose franchise mode have, thus to attract different consumers with different skin colors and languages in different countries, regions of the world? The rationale for it is that, first, as a unique business model, Business Franchise has an intrinsic business advantage: it is not constrained by capital, geography, time or other factors. The franchisor could authorize several franchisees simultaneously in any area which has many consumer groups. Secondly, as for the franchisees, nowadays under such fierce competition business circumstance, been incorporated in the Business Franchise mode has smaller risk than venturing independently. Meanwhile, the ownership of franchise mode has largely stimulated the franchisees' desire of investment. Finally, as for consumers, the franchise mode calls for a unified business title, standard service trademarks, standard store decoration and even the uniform, which will help to establish a standardized operation, thus to give consumers a better service and to guarantee the same goods and services provided by stores.At the same time, accompanied by the flourishing development of the Business Franchise, some of the legal problems are becoming prominent, such as: intellectual property protection, contract regulation, information disclosure, antitrust, and internal and external related legal sanction thereof. From the perspective of anti-monopoly the author attempts to explore the conflict and coordination between the intellectual property protection and competition policy.The whole thesis is divided up into five issues:The first issue of the thesis is preface. It explains the background of the entire thesis and the meaning of research, and introduces the prevailing domestic research results and research methods used in this thesis.The second issue is the general analysis of anti-monopoly regulation on the Business Franchise. First of all, this part provides a simple introduction to the conception, and legal characteristics of franchise mode. In this regard, it compares the franchise mode and other similar commercial modes thus to deepen the conception of franchise mode; Secondly, by analyzing the necessity of anti-monopoly regulation on the Business Franchise, the author attempts to introduce the purpose of this thesis; Finally, the author discusses the uniqueness in the anti-monopoly regulation and the principles of defining the restrictions on competitive conduct on Franchise mode, thus to give a basic introduction with respect to anti-monopoly regulation.The third issue of the thesis is the theoretical analysis of anti-monopoly regulation on the Business Franchise. By analyzing the core conception of franchise mode "the right to franchise", this part arrives at the conclusion that the substance of the interest conflicts with regard to restrictions on competitive conduct in the Business Franchise is indeed to be the conflicts between intellectual property and the competition policy which is deemed to secure the public interest. In this regard, the author points out two different regulation modes, namely, the internal regulation mode and the external regulation mode ,thus to balance such conflict. And through further analysis and comparison between such two models, the author concludes that the anti-monopoly law is the best solution to regulate the conduct of restricting on competition.The fourth issue is of the thesis is the comparative study of anti-monopoly regulation on the Business Franchise. The author uses a comparative study method and the historical research method to analyze the differences between the related European Union and the United States laws of anti-monopoly regulation on the Business Franchise , thus to learn the beneficiary factors from them.The fifth issue of the thesis is the concurrent situation and improvement on anti-monopoly regulation on Franchise mode in our country. This part is also deemed to be a core part of the thesis which focusing primarily on some typical examples of restrictions of the competitive conduct, after a brief introduction with the concurrent legislation on the anti-monopoly regulation on business franchise in our country. In this respect, the author, from the perspectives of the legislative purpose and institutional arrangement and specific provision of anti-monopoly law of our country, attempts to give some enforceable legislative suggestions on the anti-monopoly regulation on business franchise.