Research On The Identification Of Unfair Competition Behavior On The Internet

Due to the rapid development of the Internet,the explosive growth of unfair competition in the Internet field has made the lag of law more and more obvious,and the traditional identification method of unfair competition behavior has also presented a huge challenge.The research on the identification of unfair competition behavior on the Internet should be based on the definition of the basic concept of the behavior,and the definition of its concept can be combined with the definition of the different levels of the behavior and the unique characteristics of the behavior.Internet unfair competition behaviors are manifested in various ways in practice.Online advertising shielding behavior is a typical and controversial type of case in practice,while traffic hijacking behavior and data capture behavior correspond to the development trend of the Internet field.The type of behavior,that is,the core of competition in the Internet field,shifts from traffic to data.Through the analysis of the relevant cases of the above three behaviors,it can be found that the current identification path of unfair competition behavior on the Internet is not uniform,some are based on principle clauses,and others are based on judicial self-made rules such as non-public interest necessary non-interference principle.The use of interest measurement methods to judge the correctness of behavior has reached a tacit agreement in practice,but the factors that are considered in the specific use of this method are different in the case.In addition,in the process of applying the provisions of the Anti-Unfair Competition Law to identify unfair competition practices on the Internet,the provisions of the law and the specific behaviors that occur in practice also expose problems that exist in many legal provisions.For example,the legal type of behavior is poorly punctured,and the scope of application of the principle clause is narrow.In order to reduce the negative impact of legal lag as much as possible,the legal basis for Internet unfair competition behavior should be improved.For example,in judicial interpretation,the type of behavior of Internet unfair competition is added,and the scope of application of the clause is clearly defined.Wait.In order to more reasonably identify the unfair competition behavior of the Internet,it is necessary to unify the identification path of unfair competition behavior on the Internet,emphasize the priority application of Internet special articles,prudently apply principled clauses and judicial self-made rules,and attach importance to the use of interest measurement methods to identify behaviors.The measurement of interests requires comprehensive consideration of the interests of all parties,including the interests of the operators,the interests of consumers,and the possibility of network technology innovation.Only in this way can we more cope with the new development of Internet unfair competition.