Study On The Application Of General Provisions Of The Anti-Unfair Competition Law

The article 2 of the Anti-Unfair Competition Law of 1993 had actually played the role of general clauses in solving cases of unfair competition when specific enumerative clauses didn't work out.However,the nature of article 2 has been controversial in the theoretical circles,which affects the accurate application of article 2.The current Anti-Unfair Competition Law combines the current economic situation of Chinese development and the trend of the Anti-Unfair Competition Law through all over the world.The article 2 has been defined as a general clause,and the "market competition order" has been put on a more advance position which embodies the protection of competition in the current Anti-Unfair Competition Law and emphasizes the essential requirements of the Competition Law.Moreover,the general provisions of the Anti-Unfair Competition Law incorporate consumers' rights and interests into the judgment of the competitive behavior,and treat the protection of consumers' rights and interests by using a long-term perspective.Through a case study of the judicial application of the article 2 of the Anti-Unfair Competition Law of 1993,we can find that there are some problems in the judicial application of Article 2,such as over-emphasizing the protection of rights and interests,the influence of static competition concept on the determination of behavior,and the abuse of general provisions.In order to prevent the abuse of general provisions,in judicial practice,judges should accurately distinguish the scope boundaries between Anti-Unfair Competition Law and other laws,focusing on judging the legitimacy of competition behavior itself.At the same time,judges should minimize the impact of static competition concept and apply the general provisions of the Anti-Unfair Competition Law under the guidance of dynamic competition concept.In the application of general provisions,attention should be paid to the interests of operators,market competition order and consumer rights and interests,so as to avoid excessive interference in competition.