Research On Incompatibility In The Field Of Internet From The Perspective Of Competitive Law

In 2017,China passed the revised Anti-Unfair Competition Law,of which the Section 3 Paragraph 2 of Article 12,namely the famous “Internet Article” has imposed relevant provisions on “malicious incompatibility”,which arouse extensive discussion and doubt in the society.Presently,disputes about the “malicious incompatibility” clause among the academic circle mainly center on what is “malicious” and how to presume “malicious”.Some scholars also question the necessity and rationality of setting up the clause.As far as I am concerned,whether or not to implement compatibility is the result of the independent choice of an enterprise based on its commercial arrangements.Unless otherwise incompatibility may exert a negative influence on the competition order,the laws should not interfere incompatibility at will.Under the PRC current legal framework,the “malicious incompatibility” clause in the anti-unfair competition law is the most direct provision for regulating Internet incompatibility.However,from perspectives of nomology analysis,elements of illegal behavior,balance of multi-level interests,there exists apparent irrationality of applying the clause in identifying incompatibility legality.Therefore,the dissertation elaborates on the necessity and feasibility of introducing anti-monopoly law in the regulation of the Internet incompatibility in combination with the essence of incompatible behavior and the characteristics of Internet competition,learn from the mature theories and law enforcement experience abroad,and mainly analyze the effective regulatory path of the Internet incompatibility from the perspective of competition law in combination with recent hotspots.The dissertation will analyze the topic from the following aspects:Part Ⅰ gives a basic overview of the research object of this dissertation,namely the incompatibility issues in the field of the Internet from three aspects: the basic definition,the normalization trend and the potential influence of incompatibility.Part Ⅱ gets to the point by interpreting relevant laws,discusses the identification elements and regulatory path of the illegal Internet incompatibility from the perspective of the anti-unfair competition law,and mainly analyzes the shortcomings of the application of the anti-unfair competition law.Part Ⅲ analyzes the feasibility and necessity of introducing anti-monopoly law to regulate the Internet incompatibility,and further analyzes the constituent elements in the identification of illegal incompatibility in combination with the mature theories and practices in the USA and Europe.Part Ⅳ summarizes the main viewpoint of the dissertation by taking “The Battle between Toutiao and Tencent” as an example,and reflects on measures of improving the regulation on incompatibility issues in the field of the Internet and provides some recommendations.