Anti-monopoly Regulation On Business Franchise Li Yahu

Business franchise is a kind of management contracting, which is conducted by the franchisor and the franchisee as the core of the authorization of the business of intellectual property rights. It is a special kind of institutionalized business activities and economic form, which is now playing a significant role in the development of the economy.In this special economic model, the franchisor has a natural dominant position due to the resource advantages. In the longitudinal franchise system form with several franchisees, in order to protect their own interests and the interests of the whole franchise system, the implementation of the control measures by the franchisor is inevitable. And to some extent, it is also recognized by law.But because of the fuzziness of the right boundary, some monopolistic behaviors, such as resale price maintenance, product line limit, exclusive region and technical feedback, conducted by franchisors' longitudinal control measures are apt to occur, which threatens the legitimate interests of the franchisee and consumers. Given the huge economic value of business franchise model and the current situation of rapid expansion, great attention should be paid to the improvement of anti-monopoly legislation. Besides,China should not only improve the system of commercial franchise so as to promote the economic development, but also to protect the interests of the franchisee and the social public.This thesis carried out a deep research on the franchisor's longitudinal limit activities from the perspective of the anti-monopoly law. In this thesis, four chapters will be mentioned. The first chapter mainly introduces the connotation of commercial franchise. It also explores the advantages and disadvantages of franchisor's vertical strains and the evolution of anti-monopoly theory from the perspective of economics.And in view of law, this chapter analysis the characteristics of business franchise and the boundaries of monopolistic behaviors. The aim is to make people have a goodunderstanding of the business franchise's nature through the phenomenon it reflects.The second chapter mainly discusses the existing problems of the law of commercial franchise in the field of anti-monopoly, including the situation of the current legislation, the provisions of the direct regulation, system of execution, system of sanction and so on. The third chapter is the review and analysis of the advanced legislation of the United States and the European Union. The analysis includes the characteristics of legislation in the European Union and the United States. Besides,the international trend of legislation is summed up, so as to obtain some useful experience in legislation. The fourth chapter is mainly about the solutions given out according to the existing specific problem, including the selection of legislative model,the building of legislative principles, the components of the illegality of franchising monopoly, the establishment of the exemption rules, the improvement of the system of execution and sanctions regime, etc.. This chapter is designed to provide some useful help in the study and legislation of anti-monopoly of business franchise.