Analysis Of "Shandong Food V.Ma Daqing Case Of Unfair Competition"

Commercial opportunity for operators is a kind of legally assured benefit. Thisbenef it is not material in accordance to current legal system, it should be protected insome way. Anti-Unfair Competition Law protect business opportunities, prohibit ingothers`acts of unfair competition to win business opportunities, but not to theexclusion of others access to business opportunities legitimate competition.ChinaAnti-Unfair Competition Law on the protection of commercial opportunity,base on theprinciple of good faith writing by Article II. As an independent economic lawprinciples, the principle of good faith is different from the meaning of the civil lawprinciple of good faith. It contains the concept of "good faith" and also the concept of"balance of interests" to maintain the order of competition as a legal principles in thefield of public law. The principle of good faith in the absence of specific termsapplicable for general terms quoted. This principle is recognized legitimatecompetitive behavior or not the fundamental basis.