Judicial Case Study Of New Internet Unfair Competition(2018-2020)

In recent years,with the innovation of network technology,the Internet has penetrated into various industries,which has promoted the vigorous development of the Internet industry.While bringing opportunities to the development of the Internet economy,it has also caused the continuous emergence of new types of unfair competition in the Internet field,seriously destroying Order of competition in the Internet market.Based on this,in November 2017,my country’s "Anti-Unfair Competition Law" was revised,and Article 12 of the "Internet Special Article" was added to respond to the legal challenges brought about by such acts.However,the "Internet Special Provisions" have not effectively regulated new types of unfair competition on the Internet since its implementation three years ago.In order to better summarize the current status of the trial of new Internet unfair competition judicial cases since the implementation of the "Internet Special Provisions",we collected 42 new Internet unfair competition trials from the Judgment Document Network,Peking University Fabao and other websites from 2018 to 2020.case.Based on the summary and analysis of the cases,it was discovered that there were imbalances in the protection of the subject’s interests in the trial of new Internet unfair competition cases,the judges’ differences in the understanding of competition relations,the unsatisfactory implementation effects of Article 12 of the Anti-Unfair Competition Law,and the unsatisfactory implementation of Article 12 of the Anti-Unfair Competition Law.Insufficient compensation for damages by the victims,and less application of pre-litigation injunctions to prevent loss expansion.However,the concept of judicial adjudication is lagging and the path is unreasonable,the legal provisions of the competition relationship are not clear and the academic understanding is not unified,the legislation and judicial application of Article 12 of the Anti-Unfair Competition Law are flawed,the provisions on liability for damages are general,and the pre-litigation prohibition The imperfect system is the main reason for the above-mentioned legal problems.In response to the above-mentioned problems,based on the analysis of the causes,focus on the balance of subject’s interest protection,clarify the competition relationship in the Internet field,improve the damage compensation mechanism and the pre-litigation injunction system,and improve the judicial application and application of Article 12 of the Anti-Unfair Competition Law.Suggestions for legislative amendments.