Regulation Of Anti-unfair Competition Law On Enterprise Data Crawler

Enterprises can collect data cheaply,quickly and on a large scale through web crawlers.Although this technology promotes data sharing,it also impacts competition order and the legitimate rights and interests of consumers and operators,resulting in increasing disputes over unfair data competition.Practice shows that competition law solves disputes well,but there are still some deficiencies.Faced with the deficiency of competition law regulation,some scholars advocate to turn to data rights.However,Anti-Unfair Competition Law can regulate web crawler properly,and it is still the best way to regulate web crawler.In order to improve the current deficiencies,this paper proposes an optimization path based on theoretical reflection and combined with the characteristics of web crawler.In the first chapter,it is found that the governance ability of web crawler has been significantly improved in practice,but there are still some deficiencies.Progress is reflected in the following aspects: the application of general provisions tends to be standardized;The determination of competition injury tends to be diversified;The ability to identify business ethics has improved.However,the inadequacy of the application of competition law is still obvious and needs to be improved.Chapter two examines the necessity of the path of competition law.Faced with the deficiency of practice,the path of data empowerment has become a hot topic in recent years.However,it can be seen from the analysis that data rights commercialization still has an insurmountable dilemma for the governance of web crawler.At present,competition law is still the best legal path with operability.Chapter three and chapter four carry on the theoretical reflection,explore the cause of deficiency and put forward the direction of optimization.Combined with the characteristics of the behavior,the paper further clarifies the factors that consider the legitimacy of data capture behavior.From the three aspects of damage consequences,limits and means of behavior,according to the balance of interests,public interests and economic efficiency priority judgment.First,the status and measurement criteria of competition damage are clarified,and the typical damage forms of competition order in data capture behavior are described.Second,according to access,access to the classification.Third,make it clear that grabbing techniques should not be invasive.The fifth chapter is based on the above scenario-based considerations.Immunity is governed by a system of co-governance law.First,based on the above clear considerations of the legitimacy of web crawler,a hierarchical classification of scenes is proposed to consider the process and results of data capture in specific scenes.Secondly,the possible data monopoly behavior is elaborated and treated as an exemption by.