特许经营是近年来发展迅速的一种商业经营模式,一般的特许经营合同都会附加竞业禁止条款,目的是为了保护特许人以知识产权和商业秘密为主的特许权。竞业禁止条款的存在具有其合理性,但也有限制竞争损害合理正当利益的一面,如果竞业禁止条款的规定超出了合理的程度,就会受到反垄断法的规制。 Franchising is a rapidly growing commercial operation mode in recent years. The general franchise contract will be accompanied by a non-compete clause in order to protect the franchise of franchisors based on intellectual property and trade secrets. The existence of the non-competition clause has its rationality, but there is also a restriction on the reasonable legitimate interests that the competition damages. If the non-competition clause exceeds the reasonable level, it will be regulated by the anti-monopoly law.