Analysis On The Regulation Of The New Unfair Competition Behavior In The Internet Field

With the development of the times, the Internet increasingly fierce competition, increasingly diverse new means of competition. However, the current "Anti Unfair Competition Law" enacted in 1992, has been more than 20 years ago, types of competitive behavior of the provisions of the second chapter has not fully cover the Internet domain competition, how to use the general terms of new-type illegitimate competition behavior regulation is placed in front of the judge a thorny problem. In this paper, we discuss the legal regulation of the new unfair competition in the Internet field, which is based on the case of Baidu v. 360. The text is divided into four parts, about twenty thousand words."Part one: an overview of the case", this part mainly to sues the Baidu v. 360 case to do a brief introduction, including the case of the basic facts, and a trial, second instance and retrial for the court to judge the results and basis."Part two: case of disputes and legal analysis", this part mainly for the case of several controversial focus were discussed: between the plaintiff and the defendant whether there is a competitive relationship, the plaintiff's business behavior is subject to legal protection and the defendant in standard whether acts constitute unfair competition. In the discussion of competition between the parts, through a simple study of competition relations, advocating competition between generalized as the trial of the case according to the defendant at the same time, the three rocket mode of operation for dismantling, which identified two competitive relations; in the discussion of second parts, the first is the analysis of the plaintiff by "natural result + promotion link" is widely used in the industry business model, business behavior is legitimate, and analysis of the management behavior of the legitimacy of the protected because of unfair competition behavior undermines their legitimate rights and interests, legal and business behavior should be the legitimate protection of anti unfair competition law; in the discussion of Chabiao behavior is legitimate in the court, non public unnecessary interference principle as the foundation, network operators should not interfere with each other, really need for the public interest can be On other software or services to be interference, but interference bears on the importance of public interest and conduct interferes with the necessity of the burden of proof, the defendant cannot on the contents of the above proof. Therefore, in standard acts constitute unfair competition; but the results of damage identification of, the author think exist three damage results: produce market substitution effect and harm to the plaintiff's benefits in the market and destroy consumer perceived stability of plaintiff and content; the second part also defense significance to the defendants in the course of the trial rejected."Part three: the reflection of thenetwork of new acts of unfair competition ". This part mainly analysis the Internet dynamic competition and its influence, and necessary for non public does not interfere with the principle of interpretation, the first analysis of Internet business competition, many new features are summarized, including flow quantity and cross-border competition; followed by analysis of the reasons for the fierce competition in the network, including: industry competition is intense, the illegal cost low and relief system is not perfect; and then analyzes the new characteristics of network competition on judicial a lot of impact, including: Determination of competition, the impact of the amount of compensation identified as well as implications of administrative law enforcement. In the interpretation of non public unnecessary interference principle, it focuses on the by banning operators act on the part of and non weighted with anti unfair competition act prohibited method and the increased interference bear the burden of proof.“Part four: the network of new acts of unfair competition regulation proposal", this part is mainly the current status of network competition and legislative and judicial suggestions: suggests that the competitors initiative to change the concept of competition, industry recommendations promptly signed self-discipline convention, legislative proposals on the type of new types of acts of unfair competition to be fixed and recommendations to the court to play the function specific interpretation of the general clause.