Comment On The Case Of Tencent V.Window Of The World Browser Unfair Competition Dispute

In the background of the Internet technology is booming and the vigorous development of online video and other media industries,for the purpose to battle for users,all the major operators have introduced the business model of "free video +advertising",but,browser operators have launched the service of using technical means to block advertising to users followed.As a result,browser blocking video advertising cases broke out on a large scale.However,the current "Anti Unfair Competition Law" can not effectively regulate this behavior,China’s court of justice can only apply principled provisions in the process of trial and adjudication."Tencent v.Window of the World Browser case" is representative in such cases.An in-depth analysis of this case is of great significance for understanding the identification of browser blocking video advertising.As for the dispute over whether there is a competitive connection between the plaintiff and the defendant,the competitive connection between the plaintiff and the defendant should be determined from two points: the operators have the same competitive objectives and competitive interests,the growth and decline of competitive interests and the substantive impact of the defendant’s behavior on the operators of video websites.As for the dispute over whether the defendant’s behavior establishes unfair competition,in the process of applying the general terms,the interest measurement method should be added to elabarate the impact on the interests of all parties respectively,and make the final balance judgment to determine that the defendant’s behavior does not establish unfair competition.As for the dispute over whether the principle of "technology neutrality" can be used as a defense,because the defendant has subjective malice and objectively the behavior he has carried out is targeted and has caused damage,it can be determined that the defense claimed by the defendant cannot be established.