Франчайзинг в праве Европейского союза

Abstract

The European Union experience of the legal regulation of franchising presents particular interest for academic research, and could be applied in practice in the Republic of Belarus. At the EU level the optimal way of the franchise legal regulation was established. The European law provides a general framework of the franchise contracts evaluation in the light of the EC competition law, and only fixes the list of contractual provisions that can not be included in the franchise agreements because of their severe threat to the competition on the relevant market. The author advocates that according to Belarusian legislation franchising is not a means of attracting foreign investments, but it should rather be regarded as a way of attracting national investments. Franchise agreements by their nature will always lead to the restrictions of the competition, and as such can be challenged on the basis of the competition law violation. The problem of the potential breach of the competition law provisions by the franchise contracts shall be taken into account by the Belarusian legislator.