Research On The Regulation Of Competition Law Of The Internet Advertising Blocking Behavior

In recent years,new competition cases,especially the Internet advertising blocking behaviors,have occurred frequently.In such cases,market competition order,the operators' interests,the consumers' interest,have an impact on the legal interests of competition law,which has aroused widespread concern in the practical and theoretical circles,and has become a type of Internet unfair competition cases that cannot be ignored.This paper studies the Internet advertising blocking behavior,and tries to find the optimal path of the competition law regulation of the Internet advertising blocking behavior.This paper is divided into three parts:The first part introduces the relevant theories of the competition law regulation of the Internet advertising blocking behavior.This paper scientifically defines the concept of the Internet advertising blocking behavior.The concept is that the operators who have a competitive relationship with video website block the advertisements placed on video website by means of technical means,such as browser,router and other software with shielding function developed by themselves or others,so as to make network users avoid the behaviors of being troubled by advertisements when watching video.The Internet advertising blocking behavior has the legal characteristics of the high professionalism and technology,and the repeatability of infringement and the legal characteristics of the expansion of competitive relations.Market competition order,and the operators' interests and the consumers' interest are the competition law interests of the Internet advertising blocking behavior.The second part analyzes the necessity and feasibility of the competition law regulation of the Internet advertising blocking behavior.The Internet advertising blocking behaviors occur frequently,and the fair competition right of market subjects is infringed.However,the copyright law and the tort liability law have some insurmountable obstacles to regulate the Internet advertising blocking behavior.Therefore,the Law of the People's Republic of China for Against Unfair Competition has certain significance for the regulation of this behavior.The establishment of “Internet Special Articles” and the precedent of judicial practice provide a legislative and judicialbasis for the competition regulation of the Internet advertising blocking behavior.The third part puts forward some suggestions on how to perfect the competition law of the Internet advertising blocking behavior in our country.This paper argues that the general provisions of the Anti-unfair Competition Law should be applied to regulate the act from the two constituent elements of “principle + specific identification”.In principle,the principle of balance of interests should be taken as the principle.In the specific identification,the subject of the act should be “the operator with competitive relationship”;subjectively,there is malicious infringement;The Internet advertising blocking behavior is illegitimate,and the resulting damage results in a decrease in the traffic of the video website operator,and there is a causal relationship between the damage result and the blocking behavior.Therefore,the provider of Internet advertising blocking software should be held responsible.The judiciary authorities should apply the pre-litigation injunction system to prevent the damage result from further expanding,reasonably determines the amount of damage compensation,and introduces the punitive damages system to increase the illegal cost.At the same time,in order to improve the administrative supervision mechanism,the administrative liability and civil liability should be combined.