Analysis On The Legal Issues Of Tencent V. Qihoo In The Case Of Unfair Competition

Competition is the essential nature of market economy, and it is an eternal energy for the development of the society. But in the development of society, some acts of unfair competition are also subsequently produced, such as commercial defamation, false propaganda and fake goods etc.With the development of the Internet technology, these behaviors constantly change their forms,At the same time,some new acts of unfair competition are constantly emerging.In the context of the Internet age, these behaviors presents new features of diversity, privacy, integrated, spread fast and wide and harmfulness etc.These new features increase the difficulties of regulating those behaviors.It not only disturbs the normal market order, but also challenges the existing laws of our nation.On the background of the unfair competitive case between Tencent and Qihoo, the article discusses the case focus of controversy and analyzes the commercial defamation, hitchhiking,general terms, elements of unfair competition, compensations for damages. This paper is divided into three parts:The first part describes the process disputes between Tencent and Qihoo. Through the merits of the sort, the author summed up three controversial focus of the case. First, Qihoo whether there is a commercial defamation actions; Second, Qihoo whether there is unfair competition free-riding;Third, whether other relevant actors of Qihoo constitute unfair competition.The second part makes a detailed analysis of the three controversial focus, and draws some conclusions. Firstly, it analyzes the essence of commercial defamation, and defines the limits of freedom of speech and commercial bespatter.And then the author introduce the constitutive elements of commercial defamation, and analysis the behaviors of Qihoo in this case; secondly,the paper introduces the legal basis for the hitchhiking and analysis the related behaviors of Qihoo.Finally,through the general elements of acts of unfair competition, the author analysis and judge the other relevant acts of Qihoo.The third part is the author of the case made of thinking. Firstly, it analyzes the problems existing in the determination of commercial defamation, and put forward the correspondingimprovement suggestions; secondly, On the basis of drawing lessons from related practices,author introduce same new suggestions on how to regulate hitchhiking and other new unfair competition behavior; the last is to unfair damage compensation proposed suggestions.