加盟店 競合出店에 관한 小考

The sales territory plan has various economic effects and a variety of types of business and systems, in turn, may exist in the franchise business, The are, also, various types to designate sales territories and it involves complex problems such as the strength of powers in the designated sales territory and the extent of its geographical range. Therefore, it is impossible for the sales territory plan to say yes or no overall about all franchise business either, Rather, it may be proper to deal with the sales territory case specifically and individually considering the types and conditions of the franchise business, and kinds of goods which it handles. The United States Supreme Court addresses this problem on the basis of rationality taking into account market situation. In oder that the court can judge the designation and startup of a sales territory by the franchisor to be illegal, any dominant franchisee has to prove that an effective competition in the market has been prohibited and an effective competition in the market has been unduly hindered impaired and economic efficiency is undermined with the application of the sales territory plan. If it cannot prove the sales territory plan to be illegal, the state or any local government had better not intervene in any designation of the sales territory in which private enterprises deal. In a society based on free market economy, there is a principle that no matter how an enterpriser may follow economic activities and if they do not cause any specific evils, it makes senses to leave all to any actor's discretion. However, it is necessary to regulate to a minimum extent about the legality of designation of the sales territory by setting down rational standards as in Iowa State laws in the United States of America.