Research On The Regulation Of Competition Law Of The Internet Advertising Blocking Behavior

With the rapid development of the Internet economy,a new type of competitive behavior-Internet advertising blocking behavior has emerged.Laws of China have not formulated specific provisions for the characterization about Internet advertising blocking behavior,and there are many problems in the actual operation.In the process of handling such cases,the judges are mainly on the key focus of subjective competition,business model protection,business ethics,and public interest.When determining that an act constitutes unfair competition,the court will selectively apply the basis for determination based on the circumstances of the case,but the idea is roughly the same.As follows: recognize that the "free video + advertising" business model is protected by law,and then determine whether the defendant’s blocking behavior has harmed the interests of the plaintiff.If so,the blocking of advertisements violates the "business ethics" and the "principle of good faith",therefore Constitute unfair competition.The process of the identification path is short.Whether Internet advertising screening is an act of unfair competition or an inevitable process of market development,it is an urgent problem to be solved.For example,the establishment of legal liabilities lacks rationality,it is difficult to obtain evidence,the amount of infringement is difficult to quantify,and there is no fixed standard for compensation;The Twelve Articles fail to clarify the advertising blocking behavior and cover the deficiencies such as vague clauses.Solving problems is not only related to the interests of the operators themselves,but also to protect the interests of consumers and the stability of society.How to deal with the Internet blocking advertising disputes should be combined with the actual situation in my country and combined with foreign theories and theories to obtain recommendations that are in line with China’s current stage.In the Internet age,it seems that various industries are becoming more closely linked,and the division between industries has become blurred.Therefore,the definition of competitive relations has also been transformed from competitive relations between competitors in the same industry to cross-industry competition.The competitive relationship between operators is no longer restricted by the same industry.The determination of whether an act constitutes unfair competition does not require the existence of a competitive relationship between the subjects.In addition,the Internet Articles only provide for three types of competitive behaviors.These three types of behaviors are a summary of the current cases in the field of practice and are representative.However,there are still many competitive behaviors that have occurred or are about to appear that are not covered.In the legal provisions.Therefore,more detailed divisions should be made according to unified standards or logic.The judgment of the combined case focuses on the court’s reasoning process,extracts and summarizes the opinions and draws conclusions,and then converts the conclusions into legal provisions to supplement the competition listed in the Internet articles.In the face of new competitive behavior that may appear in the future,forward-looking clauses can be set in the law.Combining the essential characteristics of market competition,changes in the proportion of consumer interests and the social attributes of competition law,competition law should choose the theory of dynamic competition,and at the same time need to introduce the principle of interest measurement as an analysis tool.On this basis,many factors need to be considered..