英文摘要 |
Franchising is a symbolic arrangement which is good for franchisor and franchisee. In franchising relationship franchisor will enforce many restraint clauses on franchisee. These amount to issues of competition law. European Union once announced treaty to categories of franchise agreements that decides the legality on the nature of clauses. It is replaced by guidelines on vertical restraints that adopts safe harbor rule and distinguishes black clauses from grey clauses. Resale price maintenances, district and customer restraints, supply restraints of select distribution and supply restraints of raw materials belong to black clauses. Prohibition of competition and after-contract restraint belong to grey clauses. Resale price maintenance, discrimination, tie-in, restraint of trading subject, compelling purchase volume and abuse of standard contract are common cases in our Fair Trade Law. However, in contrast to EU law, prohibition of competition and after-contract restraint are rare. In order to promote the franchising industry, clauses which are Franchising is a symbolic arrangement which is good for franchisor and franchisee. In franchising relationship franchisor will enforce many restraint clauses on franchisee. These amount to issues of competition law. European Union once announced treaty to categories of franchise agreements that decides the legality on the nature of clauses. It is replaced by guidelines on vertical restraints that adopts safe harbor rule and distinguishes black clauses from grey clauses. Resale price maintenances, district and customer restraints, supply restraints of select distribution and supply restraints of raw materials belong to black clauses. Prohibition of competition and after-contract restraint belong to grey clauses. Resale price maintenance, discrimination, tie-in, restraint of trading subject, compelling purchase volume and abuse of standard contract are common cases in our Fair Trade Law. However, in contrast to EU law, prohibition of competition and after-contract restraint are rare. In order to promote the franchising industry, clauses which are Franchising is a symbolic arrangement which is good for franchisor and franchisee. In franchising relationship franchisor will enforce many restraint clauses on franchisee. These amount to issues of competition law. European Union once announced treaty to categories of franchise agreements that decides the legality on the nature of clauses. It is replaced by guidelines on vertical restraints that adopts safe harbor rule and distinguishes black clauses from grey clauses. Resale price maintenances, district and customer restraints, supply restraints of select distribution and supply restraints of raw materials belong to black clauses. Prohibition of competition and after-contract restraint belong to grey clauses. Resale price maintenance, discrimination, tie-in, restraint of trading subject, compelling purchase volume and abuse of standard contract are common cases in our Fair Trade Law. However, in contrast to EU law, prohibition of competition and after-contract restraint are rare. In order to promote the franchising industry, clauses which are necessary to protect know-how or to maintain the consistence of franchising should be admitted legally. |