On The Franchise Monopoly Exemption Application Of The System

Franchising, as one pattern of marketing goods and services, has been proved to be a kind of business and trade operation suited to the market-oriented economy's scale, globalization and optimization of resources' distribution. In 1980s, franchising was introduced into China. Beginning from the lines of retail and restaurant, franchising has been developing rapidly and is listed as one important field in China's marketing reform by relevant department.Different from traditional marketing patterns, a franchisor offers a franchisee his own trademark, corporate name, patent or exclusive technology in the form of contract. So, the franchisor has relatively dominant position, which may be used to engage in certain conduct of unfair trade or anti-competition. The development of franchising in foreign countries shows that franchising is related closely to many law issues, among which the most important one is competition law. How to deal with these problems is one hard task of competition law.By analyzing the important exemption rule and legislation experience of EC, the author puts forward the legal suggestions on how to regulate the anti-monopoly issues in franchise in China.