| Franchise since entering China,with its unique advantages,in a certain period of time has become one of the most promising business model in China.So far,China has more than 5000 franchise system,a total of 100 of its franchisees,covers more than 70 related industries,but after a period of time,the exposed problem of restricting competition,and pose a threat to our country market orderly competition.In this paper,we study some about restricting competition in franchise behavior problem in the field of anti-monopoly law regulation,hopes that this research can help our country in terms of franchising and antitrust system construction to provide some help.Full text is divided into introduction,text and epilogue three parts,including the text has four parts:First,franchising restrict competition behavior and anti-monopoly regulation problem in general.This part firstly introduces the concept and characteristics of franchising,for the following analysis of franchising restrict competition issues provides the basis;Secondly analyzes the franchising restrict competition behavior in three typical form,the three kinds of typical form refers to sell behavior,limit the resale price behavior,regional restriction,and use case discusses respectively;Analysis of the necessity of anti-monopoly law in franchise regulation again,to regulate the market economy competition,standardize administrative monopoly behavior,safeguard the interests of the consumers.Second,franchising in China anti-monopoly law regulation of the restrictions of competition in the present situation and existing problems.This part firstly introduces the franchising restrict competition behavior in the current situation of the anti-monopoly law regulation;Followed by limiting competition behavior in our franchise anti-monopoly regulation problems,the problem of monopoly exemption from too little,too principle,anti-monopoly law cannot cover all restrict competition behavior.Third,franchising in anti-monopoly law regulation of the restrictions of competition outside.This part firstly introduces the EU limit competition behavior anti-monopoly regulation in franchising,analyzes how the EU regulation of the three limit competition behavior;Followed by the United States to restrict competition behavior anti-monopoly law in franchise regulation,analyzed the United States how to regulate these three limit competition behavior;Again is outside the related regulation on our country’s enlightenment.Fourth,to perfect our franchise in anti-monopoly law regulation of the restrictions of competition.This part firstly introduces the franchise in the anti-monopoly law regulation of the restrictions of competition and the guiding ideology,balancing the development of the franchise and the market competition mechanism,the relationship between the limit competition behavior regulation or exemption shall be to limit competition and damage the interests of society as the criteria;Followed by franchise in the anti-monopoly law regulation of the restrictions of competition and the basic framework design,is the "anti-monopoly law" as the core,on the basis of the "regulations on the administration of commercial franchise",supplemented by other relevant laws and regulations for;Finally the franchise in the anti-monopoly law regulation of the restrictions of competition and the specific measures,including clear list of forbidden limit competition behavior,the basic principles of regulation system of exemption,and applicable conditions,to set up the system of the combination of case and the collective exemption from. |
