Research On Legal Regulation Of New Unfair Internet Competition

With the development of network economy, recently more and more new unfair competition conducts emerges in the internet competitive market. The Anti-unfair competition law was published in 1993,when the network hadn’t advanced as nowadays,so it goes with a lag like other laws. The Anti-unfair competition law appears to be unable to solve the disputes in real life efficiently, especially when confronting with some new unfair competition conducts which making use of network technologies and application service, such as cyber-squatting, blocking ads in the video websites, using the Robots.txt to restrict search engine crawlers from indexing selected areas of websites, publishing or spreading the malware, unjust grading other software by large security software providers.In order to change the defects of the Anti-unfair Competition Law, the Legislative Affairs Office of the State Council of the People’s Republic of China(“the LAO”)published the Draft Anti-unfair Competition Law(Draft AUCL)On February 25, 2016.Article 13 of the Draft AUCL proscribes that an undertaking shall not engage in any of the following conduct which affects users’ choice or interfere with other undertakings’ normal business operations by making use of networking technologies or application service; Article 26 proscribes that the supervision and inspection agency shall order the undertaking in violation of Article 13 of this Law to cease illegal conduct and impose a fine of more than RMB 100,000 but less than RMB 3,000,000 on the basis of the seriousness of the illegal conduct; Article 14 proscribes that an undertaking shall not engage in other unfair-competition conduct that harms other parties’ legitimate rights and interests, and disrupt market orders.Since the Draft AUCL was submitted by the Administrative Department for Industry and Commerce of the State Council, it would play a vital role in refining the Anti-unfair Competition Law. To give proper comments of the Draft AUCL, this essay is divided into four parts. In the first part, I categorized forms of new unfair network competition conducts based on timely cases, which could provide substantial fact or material foundation for the application of law; The second part mainly analyzes the theoretical basis and the necessity to regulate network new unfair competition; The third part mainly analyzes the existing defects of current legal regulation of unfair competition in the Internet field. Defects could be summarized as the blank of legislation and the unjust value guidance in the principle stated by the supreme court’s important judgement; The last part supplies advices to improve the system of regulation of new unfair internet competition, and put forwards some corresponding suggestions for Draft AUCL.