Research On The Integration Trend Of Unfair Competition And Monopoly In The Field Of Internet

Under the separate legislative mode in China, unfair competition and monopoly present some new features, such as a strict distinction in theory and well-defined in the Legislation. As competition turns form the "confrontation between public and private" to "public-private integration", unfair competition and monopoly as the main form of business competition, is gradually tending toward a way of integration. Rapid development of Internet is the most obvious feature in legalization process and it is shaping a grand pattern of new commercial competition. Specific existence forms of unfair competition and monopoly in Internet field and its influence to economic activities are being integrated. Traditional competition laws and regulations are facing numerous challenges within unpredictable competition pattern of Internet. Specifically, innovation of Internet make the two laws not restricted by emphasis on fair competition or free competition. Region-free feature of Internet makes their certification not restricted by their respective constitutive requirements. User effects of Internet make direct infringement to interests of consumers directly break the boundary of the two in infringing interests of competitors and damaging social pubic benefits. The above integration trend makes theoretical cycle and practical cycle recognize that legal system and coordination on competition of China needs to be systemically analyzed and studied. The most important one is to explore the coordination of legal regulations within competition law system for unfair competition behaviors and monopoly behaviors. This is the starting point of this paper.This paper tried to explore interaction of their integration, wishing to improve effects in exploring basic theories of competition law. This paper followed the following logic thought to study it. First of all, make historical investigation into the relationship between unfair competition and monopoly. Secondly, reveal the cause of the unfair competition and monopoly on the field of Internet. Thirdly, analysis the specific forms of the convergence of unfair competition and monopoly in the field of Internet. Finally, ponder fusion trend influence on competition law theory and legal practice, give some personal advice on the consummation of the legal regulation of business competition. This paper is composed of the following four parts besides introduction and conclusions.Part 1: interactive relation of unfair competition and monopoly. On the one hand, analyze the strict distinction in theory and separation style in legislation, reveals " The Theory of Separation" is the mainstream view on history; on the other hand, describe the limited interaction between the two, mainly for the causal behavior of individual transformation and coincidence of articles, being a steppingstone to the analysis of the trend from distinguish to integration between unfair competition and monopoly.Part 2: the cause for the integration trend of unfair competition and monopoly in the field of Internet. Firstly, starting from the public-private integration of competition and public-private fusion of economic law, reveal the background of fusion trend. Secondly, analyze specialty of Internet and its commercial competition and lead to influence of the background to unfair competition behaviors and monopoly behaviors. Thirdly, review unfair competition and monopoly in the field of Internet, summarize their shared features and get the possibility for integration of unfair competition and monopoly in the field of Internet.Part 3: presentation forms of integration trend of unfair competition and monopoly in the field of Internet. Firstly, the two present the situation of living and developing together. Secondly, in the aspect of legal interests of behavior infringement, both of them sacrifice interests of consumers. Thirdly, in affirming behaviors of the two, market effects and standards can be applicable simultaneously. Fourthly, in the aspect of constitutive requirements, their relevance with competitors is weakened simultaneously.Part 4: discusses the strategies for the various influence under integration trend of unfair competition and monopoly in the field of Internet. It is suggested to integrate legislation and focus on their coordination in constitutive requirements, legal responsibilities and supporting legal rules; propose judicial suggestions and improve judiciary coordination of Chinese Internet between anti-unfair competition and anti-monopoly law in the aspects of judicial thought and certification of behavior; finally, support law enforcement suggestions of being cautious and restrained and protecting innovative principles.