View Of Antitrust Law Research Franchise

Franchising is a new business marketing model, the core of the business model of franchising is the transfer of the franchise is the most important part of the intellectual property rights and other intangible assets. Relations in the franchise franchisee franchising if you want to conduct business must be licensed to the authorization and support, precisely because of this difference in natural position, resulting in a strong franchisor. Franchisor in the franchise contract would normally require some, such as restrictions on the marketing area, a fixed selling price, tie-ins, such as feedback terms restricting competition provisions. Restriction of competition for these four, in the "anti-monopoly law," "Business Franchise Regulations" and other laws and regulations of civil law has had some regulations, which makes the judicial practice in competitive behavior of these restrictions Treatment of law. But as the economy continues to develop, franchise marketing model that will continue to grow and develop, so there will be some new problems to solve, relying solely on its existing antitrust laws and regulations to regulate or restrict competition, can not meet the community economic development. So, for the current legislative status of the franchise, we should learn from foreign advanced a reasonable legislative experience, establishing "antitrust laws" as the core, for specialized franchising laws and regulations complement each other, operational and forward-looking licensebusiness legislative system.Paper is divided into the first chapter, the characteristics of a typical franchise restrictions of competition, first section on the world's major countries and relevant international organizations on the definition of franchise introduces and analyzes for this franchise business model characteristics. Sectionâ…¡of this chapter analyzes the typical franchise restrictions in the competition, there are restrictions on the marketing area, fixed selling prices, tying the feedback terms. The second chapter of the franchise issue of Legal Regulation Analysis, start with a broad first section describes the classification of anti-monopoly regulation of the status quo, is divided into "anti-monopoly law," "Management of Commercial Franchise Ordinance "and other relevant laws and regulations. Sectionâ…¡of this chapter focused on four typical franchise restrictions in the competition, introduced the status of its regulatory system and analyzed. The third chapter of the franchise issue of foreign antitrust law regulation, for the first section of the four typical franchise restrictions were introduced competition to its regulation of the United States. Section II of this chapter for the franchise from the EU legislation related to the angle of the three introduced the Regulation of the European Union status. Section III of this chapter, respectively, from the legislative reasons, the legislative model, legislative policy, and comparative analysis of four aspects of specific systems of the United States and the European Union on the issue of anti-monopoly franchise legislation. Chapter IV Legal Regulation of the franchise system improvement, this chapter of the franchise for the status of Legal Regulation problems, respectively, from antitrust laws clearly the guiding ideology of regulation, establish the Legal Regulation of the legislative principles, anti-monopoly of the construction of the legal regulatory framework, Legal Regulation of the Perfection of the four specific aspects of the proposal made some improvement. Although these suggestions sound is not very mature, but hope to give our franchise area anti-monopoly legislation to provide some useful information.