On Anti-unfair Competition Regulations Of Internet Business Model Innovation

The concept of "business model" was first proposed by American economist Joseph Schumpeter in 1912.As the competition logic of modern market gradually shifted from "pure productivity competition" to "production technology competition" and then to "business model competition",business models have become increasingly important and difficult to ignore in market competition.At present,global scientific and technological innovation is accelerating,and scientific and technological innovation presents new characteristics,and the relevance and dependence of innovative products and services in the Internet market have been continuously strengthened.The internet economy is a kind of "eyeball economy" and "attention economy",The key for operators to gain a competitive advantage lies in locking users and constantly attracting users’ attention.Therefore,various Internet operators overlap and adhere in terms of service content,user groups,and profit models.Operators try and explore business model innovations,On the one hand,it is beneficial for enterprises to optimize their product structure,broaden their marketing channels,improve their user experience,enhance their customer stickiness,and increase their market share;on the other hand,it improves the user experience,increases the diversity of consumers’ choices,and promotes the progress of technology.But at the same time,the innovation of business model will inevitably disturb and influence the existing business model,which has caused a lot of disputes.Most of the judgments in our country are based on the perspective of "static protection of rights and interests ",and they often believe that the behaviors constitute unfair competition.However,in terms of the illegality of the behaviors themselves,there is no substantive consideration,let alone deeper interest measurement.Market competition has the attribute of "damaging others and self-interest." Competition and damage often go hand in hand.Freedom of competition also means the possibility of harming the interests of other competitors in the market,damage caused by competition is the norm state of market economy.Admittedly,we cannot blindly protect business model innovation simply because it is "innovative",regarding some "overdue" competition,laws should regulate it.But for the determination of the legitimacy of the act,we should adhere to the principle of harming neutrality and neutrality of legal interests,and judge based on the illegality of the act itself.Therefore,under the guidance of benefit measurement and economic analysis,this paper comprehensively discusses the regulation problem of anti-unfair competition law in Internet business model innovation,and puts forward specific solutions.Starting from the concept and theoretical basis,this paper answers the following questions: what is business model,what is business model innovation,what are the characteristics of Internet business model innovation,whether business model innovation should be protected,whether consumers,other operators and the public need to share the cost of business model innovation while enjoying the benefits of business model innovation,lays the foundation for discussing the regulation of Anti Unfair Competition Law of business model innovation through interest measurement.Secondly,established in the practice of judicial adjudication in China,Based on the judgment of civil cases related to Internet business model innovation competition dispute on January 1,2018 and solstice on October 31,2019 collected in Wolters Kluwer legal database,to sort out and analyze the geographical distribution of such cases,the types of Internet services provided by the defendants involved in the cases,the types of unfair competition practices,the overall judgment ideas of the court and the support of the judgment to the plaintiff’s claims.Through the method of empirical analysis,this paper analyzes and reflects on the judicial judgment’s recognition of the legitimacy of business model innovation cases in the Internet field and the trial attitude,which lays the foundation for the discussion of the regulatory path in the following.Finally,the paper puts forward some suggestions on the optimization of the regulatory path of Anti Unfair Competition Law in the innovation of Internet business model.Identification of unfair competition,First of all,we need to adhere to the dynamic concept of competition and the principle of neutrality of legal interest damage,so as to realize the transformation of the judgment paradigm of competitive behavior from "protectionism of rights and interests" to "behavior legitimism".Secondly,the judgment of the legitimacy of competition behavior needs a comprehensive market competition order,industry development,market efficiency,consumer interests,social and public interests as well as the interests of all parties in the competition,and measure it by the standards of market and efficiency,multi-directional and dynamic;and at the same time,we need to consider the basic characteristics of the Internet and its basic value of "interconnection".The criterion of legitimacy should be based on market efficiency,and the judgment of unfair competition behavior focuses on the evaluation of competition damage,and at the same time,the possible efficiency and commercial defense should also be considered.