Anti-unfair Competition Law Regulation Of Platform Poaching Behavio

In the live broadcast industry,anchors play an important position and have great user stickiness.Platforms tend to compete for user stickiness with other platforms.In the live broadcast industry,anchors tend to have great user stickiness and carry a large amount of user traffic.Therefore,competition in the live broadcast industry is often between anchors,and anchors play a core role in the live broadcast industry.Live broadcast industry,each big platform all hope for more user traffic in the competition,so as to achieve greater competitive advantage,therefore,high salary poaching broadcast industry become a common form of competition,higher pay enticed to anchor adding their own platform,this is a common phenomenon,which always happens in live broadcast industry.Anchors always flows in the broadcast industry.In order to gain more competitive advantages,poaching frequently occurs among platforms,because these platforms all want to get more advantages.When determining the legitimacy of poaching,judges adopt two modes,namely,the mode of right infringement and the mode of behavior regulation.The pattern of right infringement also includes the exploitation of legal rights and interests and equating business ethics with social morality.The platform’s business interests,goodwill and interests are legitimate rights and interests.The damagement of these rights makes up to unfair competition.Equating business ethics with social morality mainly means that in the process of determining the legitimacy of platform poaching,it is considered that platform poaching takes away the user traffic of the original platform,and then it is considered that platform poaching damages the interests of the original platform.Such behavior also brings user traffic to itself,which belongs to unearned behavior.Behavior regulation mode mainly refers to the path of interest measurement in the process of determining the legitimacy of platform poaching behavior,which comprehensively considers the three kinds of interests.Taking the mode of infringement of rights will damage the free competition of the market when the behavior is justified.This model of justifying behavior tends to fall into the frame logic of protecting competitors.The modesty of anti-unfair competition law leeds The moral evaluation of competitive behavior.Take behavior regulation mode,compared with rights violation mode,is a better choice,but the behavior regulation mode in the process of apply is not perfect,the imperfect place is mainly refers to the considerations for interest imbalance,excessive to protect the interests of the operators,subsidiary,ignoring the protection of consumers interests and public interests.The current situation and problems of anti-unfair competition law regulation of platform poaching behavior are included in the first chapter.The anti-unfair competition law regulation of platform poaching behavior is classified,which can be divided into right infringement mode and behavior regulation mode.The mode of right infringement can be divided into legal rights and interests and equating business ethics with social morality.The behavior regulation mode mainly refers to the consideration of the legitimacy of behavior by taking the path of interest measurement.However,the antiunfair competition regulation of platform poaching mainly includes two problems,that is,the right infringement mode is misused and the behavior regulation mode needs to be optimized.The second chapter of this paper puts forward that the mode of infringement of rights should be replaced by the mode of behavior regulation.Taking the mode of infringement of rights will fall into the static view of competition,that is,market competition is a static and peaceful competition,which is the market players’ competition about business opportunities.Which is antagonistic.Therefore,the mode of infringement of rights will also damage free market competition to some extent.The adoption of behavioral regulation model can realize the application of dynamic competition view,which belongs to the recognition of the antagonistic nature of market competition.Competition between market players is mutual interference,and the acquisition of one party’s competitive advantage inevitably means the reduction of the other party’s competitive advantage.And adopting the behavior regulation mode is beneficial to maintain the free competition of the market.The next two chapters of this paper is about the perfection of behavior regulation mode.The third chapter of this paper discusses the factors that need to be considered in adopting the behavior regulation mode,that is,the interests of operators,the interests of consumers and the interests of social public interests.In terms of the impact on operators’ interests,the competition freedom of competitors and the freedom of contract between anchors and platforms should be considered.In the consideration of consumer interests,short-term consumer interests and long-term consumer interests should be considered.When considering the public interests of society,it is necessary to consider the influence of poaching star anchors and general anchors on the market vitality of the live broadcast industry.The fourth chapter of this paper mainly summarizes the realization of behavior regulation mode by the path of interest measurement.Taking the method of intersest measurement has many reasons.Firstly,the anti-unfair competition law of China pay importance to the protocecting of operators’ interests,consumers’ interests and social public interests.Secondly,the considering of competitive behavior is also a balancing process.Because,anti-unfair competition restricts competition,and it also protects competition.Moreover,the anti-unfair competition law of China is a kind of behavior regulation law,not the protection of rights,and behavior regulation itself is a kind of tradeoff.At the same time,the benefit measurement approach can overcome the uncertainty of moral evaluation.However,a real analysis of the benefits measurement path in the case of platform poaching shows that,in terms of operators’ interests,although platform poaching damages competitors’ freedom of competition,the live broadcasting platform can provide relevant relief for the losses of the platform through contract.In terms of consumer interest,in the short term platform poaching behaviour does not damage the consumers to choose,in the long term impact on the interests of the consumers needs comprehensive platform poaching behavior to weigh the impact of competition order,damage the competition order if the behavior the platform poaching behaviour does not favor the broadcast platform to provide good service,so as to damage the interests of the consumers,If this behavior improves the market competition order,the poaching behavior of the platform is conducive to providing the live broadcasting platform,which is helpful to the improve consumer interests.In terms of social public interests,poaching star anchors will damage social public interests,whereas poaching general anchors will not have a great impact on social public interests.In conlusion,the behavior of general anchor poaching is not unfair competition,while the behavior about star anchor poaching is unfair competition.