Research On Anti-unfair Competition Law Regulating Pay-Per-Click Of Searching Engine Company

With the arrival of the internet era and development of the age of big data,internet enterprises are booming.But in order to obtain profits in the competition,the behaviors of some searching engine companies are gradually towards alienation,such as bidding,advertisement screening,and so on.Pay-per-click is the main profitable mode of searching engine companies and the propaganda of participating enterprises in the bidding,and hiding in the growing and rising prosperity are huge legal risks and issues.Because Tort Liability Law as the general law imposes the smaller responsibilities on the searching engine companies,which only comprises informing and deleting obligations.And,Advertisement Law dose not regulate the Internet advertising well and punish lighter,which is difficult to effectively regulate bidding behaviors of the searching engine companies.So Anti-unfair Competition Law as the main of market economy law,is logical and reasonable to regulate the bidding behaviors of searching engine companies.Besides the introduction and conclusion,this article can be divided into four parts and the main contest are as follows:The first part defines the basic meaning of searching engine companies' pay-per-click,including comparison with natural ranking and fixed ranking.Based on these,we can find that there are a strong artificial intervention factors,a higher degree of partition in firms,strong business purpose and certain public welfare characteristics in pay-per-click.The second part analyses the legal nature of pay-per-click in searching engine companies.According to existing court rulings and laws as well as the scholars' views,it mainly analyses the legal nature of pay-per-click in searching engine companies and finally concludes that pay-per-click in searching engine companies is a kind of search engine service.The third part analyses the insufficiency of the Anti-unfair Competition Law in regulating pay-per-click in searching engine companies.It mainly includes that the related articles of"Anti-unfair Competition Law” regulating the behavior exists insufficiency,the powers and responsibilities among regulators are not clear,Anti-unfair Competition Law is short of regulating the bidding of search engine companies,Anti-unfair competition law is weak in protecting of the victims in the searching engine companies' bidding.First,the article 2 and article9 of the"Anti-unfair Competition Law"don't include the pay-per-click.Second,The powers of the authorities are unclear,the powers and responsibilities in the regulatory body are not clear.Third,the Anti-Unfair Competition Law does not impose the review obligation and information disclosure obligation on the searching engine companies.Finally,the direct victims of the PPC behaviors,especially Internet users lack effective remedies,and its compensation is not enough to make up for their losses.The fourth part analyzes how to regulate bidding problems from the perspective of Anti-unfair Competition Law,combined with the advanced experience of the European and America,aimed at the concrete problems.This part mainly researches to perfect the article 2 and article 9 of the "Anti-unfair Competition Law",clarify responsibilities of the competition regulators and improve the power of administrative supervision and inspection,impose fiduciary duties and information disclosure obligation on searching engine companies,improve the relief subject and remedy,strengthen the protection of victims in bidding,and so on.At the same time,this paper analyzes and demonstrates the path of the PPC of the searching engine companies by combining the provisions of the Anti-Unfair Competition Law(draft),then finds the connection between the article and the Anti-Unfair Competition Law(draft)and Anti-Unfair Competition Law(draft)to be perfected,in order to effectively regulate the behavior.