Empirical Research On Judicial Regulation Of The Internet Unfair Competition

In recent years,the unfair competition behaviors carried out by Internet companies using technological means have emerged in an endless stream.The Anti-Unfair Competition Law(1993)lacks specific provisions to regulate such behaviors.In judicial practice,it is usually based on general terms to determine whether the conduct is justified by whether the relevant conduct violates the principle of good faith and business ethics..Since the principle of good faith and business ethics are an abstract and vague concept,it brings some challenges to the application of justice.In response to the predicament in judicial practice,the Anti-Unfair Competition Law,which was implemented on January 1,2018,added “Internet Special Articles” to regulate the unfair competition behaviors unique to the Internet.Due to the rapid update of Internet technology and the broad provisions of this clause,it has a large space for interpretation.In practice,judicial recognition of competitive behavior still has difficulties.In view of this,this paper collects 50 judicial judgment documents,studies the current situation and existing problems of judicial regulation of Internet unfair competition behavior,and proposes perfect suggestions for judicial regulation of Internet unfair competition behavior.In addition to the introduction and conclusion,the main body is divided into four parts:The first part introduces the characteristics and main types of unfair competition behavior on the Internet.Compared with the traditional unfair competition behavior,the Internet unfair competition behavior is characterized by strong technical and serious damage.In practice,Internet unfair competition behavior mainly manifests as software interference,hijacking traffic,blocking advertisements and crawling data.The second part is an empirical investigation of the status quo of judicial regulation of Internet unfair competition.The author collected 50 cases involving unfair competition in the Internet from the “No Litigation Cases” website,classified the data according to different criteria,and reached corresponding conclusions.The third part is to analyze the problems in the judicial regulation of Internet unfair competition.Including the application of the preliminary injunction less,the dispute of the competition relationship is controversial,the improper use of industry practices and the judicial protection of interest protection imbalance.The fourth part is the proposal to improve the judicial regulation of unfair competition inthe Internet.In judicial practice,we should give full play to the role of the preliminary injunction,clarify the status of competition relations in judicial practice,clarify the applicable conditions of industry practices,and focus on the role of interest measurement methods.At the same time,relevant departments should issue relevant judicial interpretations as soon as possible to form an authoritative trial guidance.