On Commercial Concession To Operate The Field Of Anti-monopoly Law Regulation

This paper is about antitrust law regulation on restricting competition actions in franchising. First, it introduces the concept and characters of franchise, and tells its history and development, especially its developing in China. Then it analyzes not only the value and efficiency of franchise system, but also character of franchising legal relationship and franchising rights. The paper presents that there are rational factors in franchisee's restricting competition actions when these actions are indispensable for protecting intellectual property rights and keeping up sameness of the whole system. So we should make good use of its business value, but try to diminish injury to free competition. Specially, this paper compares the relevant law and regulation between EU and America, and anatomizes two kinds of classical restricting competition articles in franchise contract. It cites some American famous cases and summarizes the legal rules. According to above comparison, we know the trend of franchising law development and also the attitude antitrust policy towards franchising. Finally, the paper analyzes present circumstances of Chinese franchise regulation, and presents several suggestions about perfecting our franchise legal system.