Analysis On The Cognizance Of Network Unfair Competition And Legal Regulation From The Case Of Baidu And Sougou

With the development of internet economy and technology,the competition of Internet is becoming more and more fierce,and the cases of unfair competition on the Internet are also emerging.Due to the diversity of Internet economy participants and the complex technical background,business models and competition patterns are becoming more and more varied.In the process of network competition,the interference of software running process or running results,browser advertising shielding,security software to software security issues derogatory,Security software on the browser default settings to prevent or tamper with,hijack traffic,to improper means to seize business opportunities and other types of unfair competition,the current "anti-unfair competition law," the specific terms simply can not be covered.Judicial practice in many cases are the application of "Anti-Unfair Competition Law," Article II of the principle provisions of the qualitative judgments and adjustments,but also in some cases the formation of the "non-public interest does not interfere with the principle","principle of least privilege" But the existing Anti-Unfair Competition Law still has the problem of abstraction and uncertainty in the behavior of network unfair competition and legal regulation.Baidu v.Sogou case belongs to the network of unfair competition in a certain representative of the case.Sogou Sogou input method client software in the Baidu search bar below the pop-up and search keywords related to the drop-down menu,click on the drop-down menu of any vocabulary,the page will automatically jump to Sogou search Sogou search results page.The focus of this case is the core of Sogou's behavior on Baidu's company constitutes unfair competition.In this case,in determining whether Sogou Baidu company constitutes unfair competition,the main network operators involved in that competition between the two sides,Sogou specific behavior of the company is not unfair competition.Through the analysis of the case,elaborate on China's network acts of unfair competition and legal regulation of thinking.In addition to the introduction and conclusion,this paper mainly consists of four parts:The first part is the summary of the case and the main points of dispute.This part mainly summarizes the case of Baidu v.Sogou case,and concludes three specific points of dispute in the cognizance of unfair competition: one is whether Sogou Company hijacked Baidu Company to search traffic and seize business opportunities;Sogou company search box in the search box Sogou candidate presentation of whether the form of violation of business ethics;third is the existence of Sogou Baidu's discriminatory treatment of the company.The second part is "Baidu v.Sogou case" of the anti-unfair competition law analysis.This part combines the analysis of the network operator,the competition relation and the specific dispute in this case,and analyzes the unfair competition behavior of Sogou Company,and draws the conclusion: Sogou Company constitutes unfair competition to Baidu Company.The third part is "Baidu v.Sogou case" anti-unfair competition law thinking.In this part,the paper analyzes the proposition of Sogou's search candidate service as the innovation product combining the input method and search engine technology and the independent operation right of the operator,the evaluation of technological innovation and the boundary analysis of the self-management right of network operator.Of China's network of unfair competition behavior and lack of legal regulation for further reflection.The fourth part is "Baidu v.Sogou case" on China's network of unfair competition legislation and enlightenment.This part puts forward the consummation measures of the network unfair competition and the legal regulation in order to protect the consumers and the operators under the background of the internet economic times in the anti-unfair competition law.Legitimate rights and interests,so as to maintain a good socialist market competition order.