Research On The Unfair Competition Of Browser Ad Blocking

The free model,as one of the most important business models of the internet economy,has greatly promoted the development of the internet economy in recent years.With cross-border competition of the internet becoming more common,a series of new types of unfair competition based on the free model have appeared,bringing more challenges to the enforcement of anti-unfair competition law.Browser ad blocking is a typical new competitive behavior which is related to the free business model,technological neutrality,customer interests and technological innovation.In judiciary practice,it is difficult to define this new behavior.The courts use moral standards of the general clause of the anti-unfair competition law to regulate these new behaviors,however,the internet lacks the moral resource because of the relatively short existence of it.The aims of the anti-unfair competition law are to protect the competitor’s interests,customers’ interests and the market mechanism.When using the general clause to forbid these anti-unfair competitive behaviors,judges should focus on the objective efficiency of competitive actions and analyze its impact on legal interests in order to decide whether it violates anti-unfair competition law.Ad blocking may affect the revenues of video websites but it doesn’t harm their legal interests under the anti-competition law.Furthermore it is beneficial for customers and the public so it should not be defined as unfair competition.The general clause is regarded as the basis of anti-unfair competition law to regulate market competition.When it comes to innovation,the law should give more space for the market mechanism to work effectively,avoiding excessive market intervention.