Research On The Determination Of Unfair Competition Of Mobile App Traffic Hijacking

In recent years,the traffic economy in the network development of the competition for traffic highlight the kernel of network competition.The endless traffic hijacking behavior has increasingly become the focus of controversy in Internet unfair competition cases,and the accurate determination of the boundaries of what constitutes traffic hijacking is the key to resolving disputes.Among them,analysis of the judging concept of traffic hijacking,based on business ethics evaluation of the reasonable limits of the acquisition of traffic hijacking and reasonable means should become the standard of determination,while the subjective purpose of the acquisition of traffic,service content,business model,business opportunities,technology neutrality and the impact on other operators and other factors should be considered.Based on this,this paper takes the first new type of network unfair competition case involving the use of cell phone app wakeup strategy to implement traffic hijacking,and studies and analyzes the controversial issues between the original defendant around competitive relationship and unfair competition.Regarding the determination of competitive relationship,this paper firstly identifies the identity of the original and defendant operators from the perspective of "standard of conduct",and then concludes that they are all qualified subjects under the regulation of the Anti-Unfair Competition Law;secondly,combining and analyzing the current status of Internet competition and the provisions of relevant judicial interpretations,it is considered that either rejecting or ignoring the determination of competitive relationship is undesirable.Secondly,combining and analyzing the current situation of Internet competition and relevant judicial interpretations,we believe that it is undesirable to abandon or ignore the competitive relationship between the operators,and the competitive relationship between the operators should be understood in a broad sense.As to whether the act being sued constitutes unfair competition,it is suggested that a "multibenefit balance" approach should be adopted.First of all,the defendant’s behavior damages the lawful rights and interests of the plaintiff;secondly,the defendant’s behavior does not establish technology neutrality and violates business ethics;finally,the defendant’s behavior constitutes the conclusion of unfair competition.Combing the judgments of relevant cases in judicial practice can provide some practical basis for the research on the determination of the traffic hijacking unfair competition analyzed in this paper.In the part of reflection and suggestion,we have collected the typical cases in recent years,sorted out and compared them,and put forward the suggestions for the improvement of the determination of the unfair competition of traffic hijacking,such as the imbalance of the protection of the interests of the subject and the unclear application of the specific law.