Research On The Legality Of Internet Advertising Shielding From The Perspective Of The Anti-Unfair Competition Law

With the rapid development of the Internet economy,cases of unfair competition caused by advertising blocking behaviors frequently occur.To handle such cases,the courts used the Anti-Unfair Competition Law general provision as the legal basis,arguing that the blocking of Internet advertisements harmed the legitimate benefits obtained by the business model of "free video+advertising" of Internet video website operators.It broke the principle of honest management and the recognized business ethics,which is considered as that advertising blocking acts constitute unfair competition.However,Chinese academic circles have quite different opinions.Some scholars started from the judging concept of paying attention to consumers outside the region.They believed that the blocking of Internet advertisements did not constitute unfair competition and was not illegal in the sense of competition law.Especially with the birth of Article 12 of the new "Anti-Unfair Competition Law",which is the"Internet Article",the 2019 "Baidu and Lehuo" case used it for the first time in the judgment of the case,rather than the principle of good faith.Existing research basically does not categorize the Internet advertising blocking behavior itself in detail,so there are certain flaws in the subsequent illegal judgments.This article is mainly to sort out all the advertising shielding cases that have occurred in China in recent years,and to analyze the various factors in the judgment of the court,as well as the problems and analysis of the unreasonable part of court ruling concepts.To demonstrate that the business model of free video+advertising has changed in China,we should learn from the United States and Germany's advanced practices when dealing with Internet advertising blocking cases,then strengthen our court's two refereeing principles that determine that advertising blocking does not constitute unfair competition,and place advertising blocking in the perspective of the interest balance law and the principle of proportionality.Meanwhile,we need to weigh and consider the multiple interests of video website operators,advertising shield software developers,and consumers comprehensively,which will achieve the goal to minimizing damage and maximizing overall benefits.In order to determine the justification of advertising blocking behavior.