Research On Anti-monopoly Regulations Of The Business Franchise

Business franchise is a trade and businesses management mode of adapting economic scale extension, globalization and resource allocation optimization. In franchise, according to the franchise agreement, the franchisor will authorize its own trade names, trademarks, patents or proprietary technology and others'right to use to the franchisee. It's allowed by the law for the franchisor to restrict the franchisee's operation activities to some extent which it's determined the monopoly of intellectual property itself; at the same time, the franchisor and franchisee's statuses are unequal, the franchisor will probably make use of its dominant position to make resale price maintenance, tying, contrary to regional restrictions and other restrictive competition and antitrust behavior. Therefore, in franchise, on the one hand,it needs to protect the monopoly right enjoyed by the franchisor; on the other hand, it needs to restrict the franchisor's behaviors which will be possible abuse of monopoly power, this is the most important issue in franchise.In China, Anti-monopoly Law exerts important influence in many aspects. However, due to the insufficiency of the regulation itself, there are many problems and contradictions in its practical implementing course. System of monopoly exemption is too principle and Anti-monopoly Law does not include all of restrictive competition behaviors in practise. Developed countries mostly make use of combination of Per se Rule and Rule of Reason to regulate restrictive competition behaviors. Our business franchise transplanted abroad, so we can learn some ways from them. In terms of theories and cases related, this paper makes comparations and evaluations of U.S and European Union's regulation, and gets beneficial points we can learn:the combination of general prohibit and exemption, the combination of the type exemption and the case exemption, the exemption objection and cancellation system.