The Studies Of The Robots Agreement Competition Law Regulation

Under the big wave of market economy development,the Internet enterprises between the increasingly fierce competition,at the same time,the Internet industry's internal contradictions also gradually emerges,new problems have also appeared a variety of the Internet.In 2012,baidu v qihoo 360 case,let the robots agreement become the focus of attention.Because the robots agreement the legal nature of the judicial practice,there is no uniform definition,and the legal consequences of violation of the robots deals also has not sure,how to better regulate the robots agreement,maintaining the fair competition of the industry,Internet is a problem in the judicial practice.The robots protocol was set up to prevent network congestion and protect the privacy of websites.The reasonable use of robots protocol can protect Internet security.Due to the robots agreement is not binding,in practice,the search engine easy to its own interests,and against web site set up reasonable legitimate robots agreement,at the same time content sites may abuse of dominant market position,without any justified reason,on the condition of the same traders rejected,at this moment,the robots protocol is vulnerable to becoming a content site and search engine,unfair competition and monopoly of the tools.Legal regulation on the robots agreement,traditionally the main regulation from the perspective of intellectual property law,but if website owners use robots agreement for competitive advantage,not only violates the basic spirit of the Internet industry,also damage the competition order of the search engine industry,competition law regulation has a practical significance for the robots agreement.This article focuses on the search engines to violate the conform to business ethics robots agreement,wanton grasping the content of the website is a violation of the "anti-unfair competition law" in article 2 of the general terms and conditions,and to set the robots agreement whether the blacklist exclude specific robots visit constitutes refused to trade in the anti-monopoly law and discriminatory.Except for the introduction and conclusion,this paper consists of five parts:The first part is the basic description of the robots agreement.This part expounds the concept of the robots agreement first,and then from two angles of theory and practice of the robots agreement to illustrate the legal nature of different views,finally through the domesticand foreign cases in violation of the robots is analyzed further agreement the legal consequences.The second part is the analysis of the reason of the competition law regulation.This part firstly introduces baidu v 360 case,further analyzes the predicament in the process of the copyright law of robots agreement,and then explains the necessity of competition law on the regulation of reptile agreement.The third part is the jurisprudence of "reptilian agreement against unfair competition law".This part mainly expounds competitive relationship between the robots agreement both sides main body,but the robots deal itself does not belong to "the anti-unfair competition law" the regulation of specific ACTS of unfair competition,therefore,should be determined by the general terms and conditions for regulation,and around the robots agreement belongs to a recognized business ethics.The fourth part is the application analysis of the anti-monopoly law.This part around the search engine field determination of dominant market position and the establishment of the relevant market,set up the discriminatory robots deal with the rejection of the transaction and discriminatory boundaries,the robots agreement in violation of the law anti-monopoly law responsibility.The fifth part is the suggestion on the regulation of competition law of reptile agreement.This part around the judge "anti-unfair competition law" general terms and conditions apply the subjective risk aversion,and then through the new "anti-unfair competition law" article 12,this paper discusses further the can increase in the types of unfair competition to standardize the behavior of the search engine independent chapters,as well as for the perfection of the robots agreement monopoly behavior of concrete suggestion.