Research On Comparing The Legal Regulation Of Internet Unfair Trade Practices

Internet unfair trade practices is a kind of behavior that the operator damages the legitimate rights and interests of competitors and consumers disrupts the order of market competition and economic order through the Internet by unfair means to illegal benefits.According to whether the act of depriving the trading opportunities,it can be divided into two types of monopoly and non-monopoly.Non-Monopolistic Internet unfair trade practices should be regulated by anti unfair competition law.Monopolistic Internet unfair trade practices should be regulated by anti-monopoly law.In these two fields,it can provide experience by comparing the legal regulation of Internet unfair trade practices.In the field of anti-unfair competition law regulation,United States adhere to the case law as the main way and statute law is complementary.There are some regulations can guarantee the regulation effect,such as litigation injunction,punitive damages,shorten litigation period and so on.Germany uses the "general +enumeration" legislative model and use the general terms carefully.Japan and South Korea only regulate the behavior in terms of enumeration.It needs to be supplemented by other laws.Germany,Japan and South Korea established a legal responsibility system of the main form of civil liability and criminal liability should be a complementary form.In the field of anti-monopoly law regulation,anti-monopoly review mainly consists of Internet enterprise abusing market ascendancy.Review of such cases,United States follows four steps:defining the relevant market,judging the market power,analyzing the consequences of the action,and punishing the responsibility.Germany to define the relevant market from the perspective of demand substitution,market share is the main standard of market dominance;identify abuse with reasonable principle,and use civil liability and administrative responsibility.Japan regulates Internet unfair trading practices by unfair trading method clause,administrative fines and leniency program are their characteristics.South Korea pays special attention to regulate the Internet enterprise abuse market dominance.With the unlisted illegal behavior,South Korea regulated by miscellaneous provisions and legal liability is similar to Japan.China's competition law started late,it is difficult to regulate the Internet unfair trade practices.There are some problems in the competition law.Such as the limitations of General clause,lack of litigation injunction and insufficient compensation for damages in anti-unfair competition law;the relevant market definition method lag,lack factors of judge market dominance,identify abuse is complicated and weak legal liability in anti-monopoly law.To perfect the regulation of Internet unfair trading practices,it need to improve general clause,increase miscellaneous provisions,introduce litigation injunction,increase the liability for damages and strengthen the protection of consumer rights and interests in anti-unfair competition law;innovate definition method of relevant market,improve defining standard of market dominance,identify abuse with reasonable principle and establish a complete legal liability system of anti-monopoly law.