Research On The Legal Regulation Of Data Unfair Competition Behavior Of Internet Platform

At present,the innovation of data technology and the development of platform economy bring new competition mode and means,which challenge the existing anti-unfair competition rules.In reality,a series of data unfair competition disputes have emerged,such as tencent v.Shanghai blue unauthorized data access case,360 privacy protector unfair competition case,sf and cainiao data war and so on.However,the current business ethics standard of data competition is not mature,and the legal response is not perfect,so it is urgent to carry out research on the relevant legal regulation.The unfair competition behaviors made by Internet platforms for data or using data technology are characterized by strong concealment,low cost,fuzzy boundary of legitimacy judgment and strong destructiveness,which are mainly presented as the following four behavior paradigms:first,grab and copy the data or data products of competitive platforms without authorization;Second,deny competitors access to harmless data;Third,block data intervention;Fourth,data hijacking.The last three behavioral paradigms are all used by the Internet platform to block the data communication channel between consumers and other network operators by virtue of technological advantages,which damages the expected interests of operators and consumers' free choice.However,theexisting unfair competition regulation system has difficulties in scientific and reasonable identification of data unfair competition behavior.Firstly,the competitive relationship between Internet platforms is extremely complex,and the identification concept that takes the existence of competitive relationship as the primary premise will form constraints on the process of behavior confirmation,and the judgment standard of whether competitive relationship exists or not cannot adapt to the platform economy.At the same time,there exists the consideration that the interests of operators are superior to other interests in judicial practice,and insufficient attention is paid to the interests of consumers,Internet platform users and the public.Secondly,the anti-unfair competition law revised in 2019 still has a big defect in reasonably determining data unfair competition behaviors.The behavior paradigm types stipulated in the existing "Internet terms" cannot cover the above data unfair competition behaviors,and the judicial application of "general terms" is uncertain.Finally,the proportion of civil legal liability is insufficient,the type is single,and the effectiveness of legal regulation mode is low,which is insufficient to deter the actor of unfair competition and maintain fair competition.In order to solve the above problems,the status of competitive relationship in behavior determination should be abandoned.It also corrects the concept of "operator's interests" as the core,comprehensivelyconsiders the proportion of interests,and reconstructs the concept of identification of unfair competition behavior.Secondly,the article 12 "Internet clauses" in the anti-unfair competition law should be improved,the behavior paradigm of data unfair competition behavior should be supplemented,and the application of article 2 "general clauses" in the law should be clarified.Finally,it is necessary to specify and increase the civil legal liability for data unfair competition,establish independent administrative supervision and law enforcement organs,improve the efficiency of judicial links,and improve the knowledge and ability of administrative and judicial personnel in the field of Internet and big data.In this way,we can comprehensively improve the legal regulation system,reasonably and efficiently distribute the scientific and technological dividends and competition dividends brought by the development of digital economy,and promote the healthy development of digital economy and platform economy.