An Empicical Study On The Regulation Of Competition Law Against The Behavior Of Blocking Online Advertisement

With the rapid development of the Internet market economy,the regulation of new types of unfair competition behaviors has become an important mission of the Anti-Unfair Competition Law.Constantly,the behavior is mainly caused by the fact that one party's operators have blocked the legitimate commercial advertisements of the other website operators by developing hardware,applications,and third-party plug-ins with the function of blocking online advertisements.It has the characteristics of strong professionalism,involving the diversity of interests of the main body,and breaking the restriction of competition in the same industry.The emergence of blocking tools is favored by most Internet users,but advertising as the most important source of revenue for websites,especially video sites,the use of blocking tools will undoubtedly undermine its inherent "free + advertising" business model.In turn,it harms its commercial interests.Therefore,the number of cases about blocking online advertising behavior is also on the rise.Clarifying the nature of the act of blocking online advertising and implementing specific and effective regulation on this act can point out the direction for judicial judgment,enrich the content of Article 12 of the new "Anti-Unfair Competition Law",and provide some reference for other new types of regulation on online unfair competition.Firstly,the article analyzes the case of Youku v.Cheetah browser and Tencent v.Window of the World,and summarizes the problems reflected in the cases such as unclear identification of illegality of blocking online advertising,unclear specific regulatory path and lack of systematic regulatory coordination.Secondly,analyze the blocking Internet advertising behavior nature conforms to China's "Anti-Unfair Competition Law".By referring to the US and Germany's consumer interest consideration criteria and interest balance standards for dealing with screened advertising,combined with the actual network market in China.Online advertising behavior is illegal judging from the perspectives of behavioral competition attribute,business model protection,consumer interest,market competition order,etc.It is an unfair competition behavior.Subsequently,study the specific regulatory content from the perspective of legal choices,identification requirements,and legal liability for screening online advertising behaviors.The law applicable to the behavior should be determined as the typed clause of Article 12 of the Anti-Unfair Competition Law and article 2 As a supplementary basis.Under the specific legal framework,the identification of the screen advertising behavior needs to meet the relevant constituent elements,and the legal responsibility for shielding the online advertising behavior should enrich the types of civil liability and increase the punishment of administrative responsibility.Finally,the regulation of screened online advertising behavior should not only focus on the internalization of competition law,but also form a systematic coordination in the judicial,administrative management and industry development.The article proposes relevant rules for the regulation of online advertising to form a systematic coordination with the competition regulations from the aspects of justice,administrative management and industry development.Achieve the comprehensiveness and effectiveness of the regulation of the behavior.