Research On Legal Regulation Of New Unfair Competition Behavior On Network Platform

With the deep integration of network technology and real economy,the network platform economy built by Internet technology is playing an increasingly important role in the overall socio-economic development.At the same time,with the intensification of the economic competition of network platforms,a large number of new unfair competition behaviors are emerging,such as traffic hijacking,improper data capture,etc.Looking at the development of network platforms,major network platforms such as Tencent and Tiktok have all experienced litigation against unfair competition,such as "3Q" war,"Dou Teng" dispute,etc.New unfair competition behaviors of network platforms are emerging with the characteristics of high-tech,cross domain,strong concealment,complex infringement nature,etc.,which seriously infringes the legitimate interests of operators and consumers,and also disrupts the competition order of the Internet market.In 2022,the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the Law of the People’s Republic of China on Anti unfair competition mainly involves two aspects of the network economy.One is to further refine some provisions of the network specific articles,and the other is to give judges the power to create business ethics in specific industries according to relevant elements.The issuance of the Law on Anti unfair competition(Draft for Comments on the Revised Draft)by the State Administration of Market Supervision at the end of 2022,on the one hand,reflects the increasingly rampant unfair competition in the economic field and the urgent need to improve relevant laws and regulations;on the other hand,it also highlights the determination of the state to govern unfair competition and the urgent requirement to protect the fair competition in the market,This article sorts out the problems in the regulatory provisions for competitive behavior on online platforms in the opinion draft and proposes corresponding solutions.By summarizing the characteristics of network platform enterprises and the new features of competition,this paper deeply analyzes the new types of unfair competition behaviors existing in network platforms,comprehensively combs the status quo of the legal regulation of new unfair competition behaviors on network platforms in China,explores the problems existing in the application of the Anti unfair competition Law,and seeks solutions.The main problems include: there are still shortcomings in the setting of bottom line clauses and typified clauses in online special clauses;The implementation of the principle of multiple interests in general clauses is not thorough,resulting in excessive application of general clauses and unclear ranking with network specific clauses;There are still difficulties in the disconnection between compensation for damages and economic development,as well as the overlapping powers of law enforcement agencies.In short,the rapid development of the Internet economy not only brings about rapid changes in economic development,but also constantly puts forward new requirements for the anti unfair competition legal system to better apply to the new unfair competition behavior of the network platform.