Restricting Competition Of Franchice And Its Legal Rules And Regulations

As one kind of the commercial management pattern and the management pattern with properties of extensive development on market economy, the franchise business makes comprehensive conformity in modern market economy which has involved the commercial area of knowledge, and becomes the trade in the era of knowledge economy to develop the most important pattern. It has attracted the numerous franchisees to alliance and showing a strong vitality. In China franchising comes not long ago, and it initiates lots of legal issues. 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 competition law. This is the most complicated issue in franchising.Through the analysis of behaviors of restricting competition that may occur in franchising, and making a comparative study of regulations in west countries such as US,EC and putting forward the author's ideas in order to contribute to legislations and regulations in Chinese competition law in franchising. The thesis is divided into four chapters. The first chapter is from the Perspective of franchising questions and restrict competition, mainly the introduction and analysis of the origin of franchising, the concept, the characteristics, the value, and come out of the franchise in question restrict competition. This part also analyzes behaviors of restricting competition that may occur in franchising, and analyzes our country on the need to improve relevant legislation. The second chapter introduces and analysis of a number of restrictions on competitive behavior, including the restrict the resale price, tying acts, the regional restrictions, grant-back provisions and non-compete. The third chapter makes a comparative study of regulations in US and EC, and takes a cue. The last chapter of my country franchising act restricting competition law system situation and improve the proposed legislation. In my country, the legislation of franchising falls behind the development of franchising, recommended the development of specialized franchising law for regulation of franchising Law, focusing on legislative principles, the main contents of the legislative model and put forward proposals of their own.