Research Of Unfair Competition Under The Internet Environment

With the rapid development of science and the network information, people become more and more dependent on the Internet. Operation modes of traditional industries and high-new-tech industries are closely connected with the Internet. Now, Internet has become the most important tools of production and living in current society. In the field of instant messaging, the network users connect with each other by QQ software. In the field of network security, softwares of Qihoo company have become the first choice for Internet users to solve the problems of network security. The case of Tencent Inc v. Qihoo unfair competition dispute in the field of Internet in 2011, which has not only caused a great effect on Internet business, but also become one of the hot topic in the national Internet users. It is regarded as the milestone of Internet urfair competition cases.In this case, we found that there is a big difference of unfair competition behavior determination between Internet background and traditional definition. By now, our competion law is difficult to provide powerful guidance for unfair competition behavior under the Internet environment. In the applying of Anti-unfair Competition Law, there is no special provision to apply to, and only general terms can be applied exclusively. The general clauses are unable to provide specific standards for determination. Based on analysis of the case and contention of the case, this paper combined with the particularity of competition rules under the Internet environment, Internet business models on the market are analyzed comprehensively, Internet operators competitive relationship and reference factors of unfair competition under the Internet invironment. This paper try to tease out the cognization of facts and legal basis in the case, to form a model of strict legal logic, and to substantiate the standard of unfair competition behavior determination.This paper is divided into five parts: the first part is the case introduction, in which introduced the emergence and development of Tencent company and Qihoo 360 company unfair competition dispute. It also introduces the situation of first instance and second instance court decisions. The second part analyses two debate in the case, one is the determination of competitive relationship among competitors under the Internet environment, the other is referential factors about determination of unfair competition behavior under the Internet invironment. The third part analyses closely the first debate in the case. First, In this part, This paper analysis the particularity of the Internet business model on the market; Then, this paper focus on analyzing the competitive relationship between business operators. The fourth part detailed analysis the second debate in the case. First, this paper analyzes the concept of unfair competition; Then analyzed four factors of unfair competition under the Internet environment: legal basis, the principle of good faith and a recognized business ethics, market competition and the legitimate rights and interests of consumers. The fifth part is the conclusion of this paper, this part is the comprehensive summary. The point of the paper will provide positive reference for the determination of unfair competition under the Internet environment.