Comparison Research And Analysis Via Game Theory For China Law Against Unfair Competition

Abstract:China Law against unfair competition entered into force in 1993, isplaying positive role of ceasing unfair competition acts, protecting thelegal benefit of competitors and consumers and maintaining competitionmechanism in market. However, disadvantages with this law still exist.For the seek of improvement and development, author uses comparison methodto dig into the laws of German and China, and finds out the gaps; and usesgame theory to analyze some unfair competition acts in detail, anduncovers that the fundament aim of this law is to maintain competitionmechanism in market for the goal of optimizing resource allocation. Thenecessity to revise law against unfair competition acts is presented, andrevision suggestion is given, including clarifying general clause,making it easier to identify the unfair competition acts and to be moreinternational compatible as well, strengthening civil remedies,increasing the penalties to unfair competition acts reasonably andestablishing exclusive competence against unfair competition acts.