Competition Law Protection Of Business Model Under The Internet Environment

Full market competition can bring about the results of improving efficiency and optimizing the allocation of resources.With the continuous development of technology and the changing forms of competition,the free competitive market has also challenged the competition law.Since 2011,the "business model" has become the Internet market competition difficult to bypass the topic.Based on the research results of business model at home and abroad,the main research content is business model.This paper,based on the research results of business model at home and abroad,studies the four parts of the business model overview,the business mode calls for competition law protection under the Internet environment,the path of business model competition law protection under the Internet environment and the typization of business model behavior.The competition law protection of the industry model provides legislative proposals.Business mode itself is a way of business operation,which is mainly reflected in three aspects: fighting for trading objects,obtaining trading opportunities and earning mode.For the competition law,the business mode determines whether the business can get competitive advantage through business mode.When the market is further mature and the competition is increasing,in order to gain competitive advantage or destroy the competitive advantage of the opponent,the unfair competition behavior that violates the business model will appear frequently.With the era of the Internet economy,the free-based network competitive market and the business strategy with the user base as commercial purpose make the role of the business model increasingly prominent,and gradually become a protected legal benefit.At the same time,the limitations of the newly revised Anti Unfair Competition Law network terms and the emergence of a large number of cases of commercial patterns have made the business model call for the protection of competition law.Different from the traditional legal protection objects,the concept of business mode is blurred and the violation behavioris complex and changeable.The exploration of its protection path needs more caution.On the one hand,as the enumerated legislation is difficult to cover all the content of the business model,it is necessary to rely on the application of the general terms and the ability of the system and logic of the law of evolution.On the other hand,the idea of legal interest protection and changeable violations also need to directly regulate the categorization behavior of infringing business mode in the law.Under the premise that the existing legal system can not effectively respond to the actual cases,theoretical research is particularly important.On the basis of competition law protection standard,a series of cases are empirically studied to form the main boundary of business mode protection and the judging elements of illegal behavior.In the primary stage of the protection of competition law,the logic paradox of the limitation of commercial morality and the principle of non public welfare unnecessary interference in the process of application and evolution of the general provisions is reconsidered,and the general terms of application based on the theory of interest measurement are put forward.In the advanced stage of competition law protection,using the commercial secret clauses of the anti unfair competition law,through the research of advertising shielding,web interception,deep intervention and other types of behavior,the unfair competition behavior that infringes the business model is regulated directly in the competition law.