Research On The Identification Of Unfair Competition Behavior In Network Symbiosis

In recent years,the rise of the network economy has promoted the development of the market economy,and at the same time has caused the complexity of the market competition environment.In the network field,there has been a network symbiosis business model formed by operators,service providers and other network economy participants,and there have been many acts of unfair competition.The "Shopping Party" price comparison plug-in case,the "We Chat group control" case,the "Online Shuabao" phone update case,and the American Linked In case reflect the particularity of unfair competition under the network symbiosis model.The identification of unfair competition behavior under the network symbiosis mode is facing challenges.At present,our country’s judicial practice mainly relies on the "General clauses" and "Internet special clauses" of the "Anti-Unfair Competition Law" to regulate various unfair competition behaviors.However,the application of clauses is deeply affected by the subjectivity of judges.Therefore,a unified and effective identification standard cannot be formed.In order to ensure the healthy development of the competitive market under the network symbiosis model,and effectively resolve the challenge of identifying unfair competition behavior under the network symbiosis model,our country should clarify the relationship between "Internet special clauses" and "General clauses" as soon as possible,clarify relevant provisions and add the enumeration of new behaviors;adjust the identification of competition relationships;distinguish between technological innovation and fair competition,clarify the boundaries of technological innovation;build a network information exchange platform,create a good fair competition environment,and improve the construction of a network symbiosis economic model.