Research On Anti-unfair Competition Laws And Regulations Of Blocking Advertisements

In recent years,among the ever-increasing new types of online unfair competition disputes,disputes caused by blocking advertisements have also gradually increased,causing heated discussions from all walks of life.However,the specific legal regulations on the blocking of advertisements after the revision and implementation of the anti-law are not clear,which leads to the controversy about the characterization of blocking advertisements in theory and practice.Judging from the relevant precedents of the court in recent years,the court pays more attention to the protection of existing business models and commercial interests,tends to use general clauses,and uses the infringement judgment paradigm to prove the illegality of ad blocking behavior,and determines that the nature of the behavior is inappropriate.fair competition.The "Anti-Unfair Competition Law of the People’s Republic of China" revised and implemented in 2018 added Article 12 "Internet Industry Clauses" to reasonably regulate economic activities in my country’s online market,but it did not determine whether the act of blocking advertisements constituted an act of unfair competition.Give clear answers.Therefore,the determination of the act of blocking advertisements is mainly based on the principle provisions of Article 2 of the Anti-Law and the bottom line provisions of Article 12,paragraph 4.At present,there are still some deficiencies in the regulation of advertising blocking in China,such as disputes over the application of laws,excessive reliance on business ethics standards,ignoring the protection of consumers’ interests,and deviations in the determination of applicable interest measurement methods.Through the use of case analysis,literature analysis,comparative research and other research methods,the focus of disputes in typical domestic cases has been sorted out and summarized in a targeted manner,and relevant foreign experience has been examined to analyze the application of anti-unfair competition laws to regulate and block advertisements.The feasibility of behavior,from the aspects of standardizing the application of general terms and Internet industry terms,improving the applicable rules of the specific business ethics standards,incorporating consumer choice into the protection of the anti-unfair competition law,optimizing the method of measuring interests,etc.Specific recommendations for anti-unfair competition laws and regulations of conduct.