Advertising Filtering Behavior Regulation Under Competition Law

From the sensational Tencent and Qihoo unjustified complaints in 2011,the lawsuit against the blocking of advertisements has not been able to stop,and the court's judgment all advocates that the act of blocking online advertising constitutes unfair competition.However,because the current "Anti-Unfair Competition Law" does not include the shielded advertisement as a type of unfair competition,the court can only determine it according to the legislative purpose and basic principles of the Publisher's Competition Law.Every trial of such a case will cause heated discussion among the community.The thesis is divided into three parts: introduction,body and conclusion.Among them,the text elaborates the competition regulation system of advertisement filtering behavior from five aspects:The first chapter: the general theory of the identification of advertising filtering behavior.This chapter mainly analyzes and interprets the advertising filtering behavior through the legal analysis of advertising filtering behavior and unfair competition behavior,in order to better understand and analyze the advertising filtering behavior;The second chapter: the practice of online advertising and advertising filtering behavior.This chapter first elaborates on the main types of online advertising,and divides online advertising into several types: keyword advertisement,text link advertisement,pop-up advertisement,etc.;then,the network advertisement filtering behavior is classified in detail.The third chapter: Using video ads as an example to analyze the legitimacy of advertising filtering behavior.This chapter describes the business model of video advertising,the relationship between video advertising filter tool providers and video publishers,and analyzes the legitimacy of advertising filtering behaviors in terms of business ethics,consumer rights,and legal rights of operators.The fourth chapter: the regulation research of foreign advertising filtering behavior.This chapter explains the two major systems of technology neutrality and proportionality in the United States and Germany.By enumerating the relevant cases of the two countries,we can understand the impact of these two systems on advertisingfiltering behavior in a deeper and clearer way,which is conducive to the promotion.The development and improvement of the system in China.The fifth chapter: the regulation practice and improvement of China's advertising filtering behavior.This chapter first expounds the shortcomings of the regulation practice of advertising filtering behavior in China,such as the legal basis vacancy,the regulatory gap under the multi-regulation,the identification of relevant content in judicial practice and the difficulty of applying the law,etc.The way to improve is to adjust and improve from the legislative,administrative,and judicial levels.