Regulation On Franchising Under Antitrust Law

Franchising is a business and trade mode for adjusting market economy developing in a largescale，globalization and the optimization of resource allocation，in other words，Franchising is acivil activity that the obliges (the franchisors) give their rights(mainly focus on the intellectualproperty) to others which could be used by others (the franchisees) by signing a onerous contract.Franchising rights and obligations of the contract including the franchisor’s ownership of this rightsand the obligations and the rights and obligations after the rights be given to the franchisees，andmeantime the it including the rights and obligations caused by the franchisees after they used therights which is given by the franchisors.Franchise is developing fast in the world dues to its unique advantages and value， but itsunique characteristics took some restrictive behaviors also， therefore， how to making our laws ofanti-monopoly for the restrictive competition behaviors that beyond the limits of restrictions is anew and meaningful topic.Restricting competition of Franchise exists in a variety of forms，in myopinion，to regulate them we must clear the legislative thoughts first，and then specifically list theprohibited restrictive behaviors，so that we can build the exemption system among them for theFranchise.Nowadays，the franchising is growing prosperously； it is theoretically and realisticallysignificant to study how to regulate the franchising by the law of anti-monopoly.Overall，my paper will integrate the theory with cases，and give advices step by step to ourrelated legal issues about how to impeccably regulate our Franchising.The first chapter started fromthe basic concept，nature and the value of the Franchising，and then compared its different conceptswhich given by our Ministry of Internal trade，the International Franchise Association and theEuropean Federation for the franchise，by doing this，I made a theoretical foil for the monopolywhich may cause by Franchise.In the second chapter，I analyzed the relationship between franchiseand monopoly by giving examples，the expression and the rationality of the existence of monopolywhich caused by franchise and the importance and the expression of anti-monopoly for regulate therestrictive competition behaviors that beyond the limits of restrictions. In the third chapter，Iinvestigated the rules of anti-monopoly laws concerning the Franchise from other countries，deeplyan alysed the rules about America and European Union regulate Franchise， Status of legislationand by the problems faced, the purpose of the proposed antitrust regulations and guidelines and regulations established by the Antimonopoly specific system。So，my papers will give advices fromthe aspects of aim， basic principle， law-making model， detail systems and the key points of thelaws of Franchise anti-monopoly， which may help our country to regulate the Franchisesuccessfully。...