Online Advertising Blocks Judicial Determination Of Unfair Competition Behavior

China's newly revised "Anti-Unfair Competition Law" has added the "Internet Special Articles" provisions,through which the "Internet Special Articles" define the network unfair competition behavior.However,the "Internet Monograph" does not clearly define the nature of online advertising blocking behavior.At present,in the judicial practice,there is a certain dispute about the identification of unfair competition behaviors in online advertising,and there is a contradiction in the judgment of the case.The author starts from the conceptual analysis of online advertising shielding behavior,and combines the cases in judicial practice to analyze the shortcomings of the legal identification of the network advertising shielding unfair competition behavior department.Finally,suggestions are made for the judicial determination of online advertising to block unfair competition.This paper discusses the issue of judicial recognition of unfair competition in online advertising,which is divided into three parts: introduction,body and conclusion.The main part of the body part contains the following contents:Firstly,the theory of online advertising shielding behavior is expounded,and the meaning and characteristics of online advertising shielding unfair competition behavior are defined.Secondly,it analyzes the status quo of judicial recognition of online advertising shielding in China.The judicial determination of the case of "Tencent v.World Star" is used as an entry point for online advertising to block the judicial determination of unfair competition.In this way,the basis and content of the illegitimateness of online advertising shielding behavior in China's practice are expounded.Thirdly,it demonstrates the basis for the identification of unfair competition behaviors in online advertising and the deficiencies in the content of identification.Finally,we improve the basis and content of online advertising to block the judicial determination of unfair competition behavior.This includes improving the basis for specific judicial determinations such as laws and principles,optimizing the identification of the content of business ethics in general clauses,and improving the scope of specific compensation amounts for judicial recognition.