Judgment Of Unfair Competition On The Internet

In recent years,with the continuous development of the Internet economy,unfair competition in the Internet field has become increasingly frequent.In this era of big data,various new technologies have been applied to market competition,and the pattern of unfair competition behavior has shown diversity.In order to make the legal system conform to the development of the times,in the newly revised Anti-Unfair Competition Law,the legislators stipulated that the “Internet Special Clause” responded to this situation.Due to the strong technical nature and complex relationship of interests in the Internet field,the “Internet Special Clause”cannot cover all types of unfair competition.In the judicial practice,the second clause of the Anti-Unfair Competition Law still has room to apply as a general clause for regulating unfair competition.This paper focuses on the ‘Window of the World Browser'case,which is of great research value,by mainly addressing three issues:(1)The role of competitive relationship in the judicial determination of unfair competition in the Internet field;(2)Damage and multiple legal interests protection;(3)Judgment basis of unfair competition behavior in the Internet field.This paper mainly employs the research methods of literature analysis,case analysis,and comparative study.This paper is divided into four parts.The first part is the brief introduction of the case and the focus of the case,and the focus of the dispute mainly summarizes the three issues of the determination of the competitive relationship,the relationship between damage and multi-legal interests protection in this case,and the basis for judging unfair competition.The second part analyzes the role of competitive relationship in this case,and divides the competitive relationship in a generalized and narrow sense.It is believed that the judgment of unfair competition in the Internet field should adopt the generalized competition relationship theory in the substantive sense.In the third part,it discusses damage and the multiple legalinterests protection,analyzes the significance of damage to the protection of the legitimate rights and interests of operators,and clarifies the relationship between damage and competition.The fourth part analyzes the basis for judging the unfair competition in the Internet field.