Chartered Operating The Antitrust Laws

As a kind of modern means of circulation and management or form of organization, franchising develops rapidly all over the world. It shows powerful life, and can bring every positive factors into play and realize the most optimal regrouping of capital by using its low-cost and wise way of business expand on a large scale. In China franchising comes our not long ago, so it initiates lots of legal problems. Though a franchisor's right of legal monopoly should be protected, legislations and regulations relevant to franchisor's behaviors of restricting competition by means of abusing his right should be made in anti-monopoly law. This is the most complicated issue in franchise. Through the analysis of behaviors of restricting competition that may occur in franchise, the thesis aims at making a comparative study of legislations and regulations in anti-monopoly law in west countries such as US, EC and putting forward the writer's ideas in order to contribute to legislations and regulations in Chinese anti-monopoly law in franchise. This article has three parts, namely preface, text and conclusion. The text is composed of five sects. The First Chapter: Summary of Franchise, reviewing the development of franchise, understanding franchise and franchise rights 'innate characteristics by analysis of concepts of franchise and franchise rights. The Second Chapter: on the basis of analyzing particularity of behaviors of restricting competition in franchise, making a concrete analysis of several typical ones like tied selling, resale price maintenance and regional restrictions. The Third Chapter: analyzing current situations of the franchise business and relevant laws and regulations on it. Then point out that we have to formulate or modify regulations related to franchise with the analysis on the strengths and weaknesses of relevant statutes. The Fourth Chapter: laws and regulations of America and European Union, lists the relevant clauses specified in the anti-trust laws and the competition laws. The Final Chapter: Suggestions on legislation, conclude some basic principles and proposals on how to regulate the anti-monopoly issues in franchise.