Research On The Problem Of Unfair Competition Identification Of Network Interference

In November 4,2017,the NPC Standing Committee voted through the new revision of the "Anti Unfair Competition Law ".The "Internet specialization" has been added to the business behavior of enterprises in the Internet field.The provision stipulates the several typical interference behaviors clearly,and it also set miscellaneous provisions for other interference behaviors.But " Internet specialization " has some problems,including the specific terms of limited scope is narrow,it is unable to regulate the current interference behaviors,which means this rule is lag.Secondly,Miscellaneous Provisions are very strict,which is not consistent with the principle of encouraging free competition.At the same time,the Miscellaneous Provisions is not clear,it is not operational to provide precise guidance for judicial practice.Based on this,the author believes that it is necessary to make the terms of the " Internet specialization " clear.We can consider the effect of the behavior on the market,which means we should consider the behavior has made effect of the destruction of the competitive order or not in the related fields.Secondly,we can also consider the subjective purpose of the behavior,with a "hindrance" purpose,it can be identified unfair competition directly.At the same time,we can also consider the legislative purpose of the protection of the multiple interests of the law,we can draw a reasonable conclusion when we identify the complicated cases,considering the relative interests,including the business interests,user interests and technological innovation and so on.Furthermore,it can be identified justify when the interference behavior based on "public welfare".But the "public welfare" is difficult to prove,we should also try to make it clear.If the interference behavior is the user's choice and it is not damaged by the competition order,it should not be considered as unfair competition.