| The development of network science and technology make Internet and data as the foundation of business and consumption.It also accelerates the transition process from the traditional digital economy to market economy which leads to an unfair competition is different with the traditional market economy.Compared with conventional ones,the circumstance’s unfair competition not only has the generally direct or indirect tort damages which harm the interests of consumers and competitors,more importantly,also has highly technical,wide competition scope and fast in the formation of competition characteristics.Specifically,unfair competition under the perspective of data information includes two types.The first is the traditional acts of unfair competition include counterfeiting,commercial defamation,violation of trade secrets and others that extend in the data field.The second is the data scraping,data blocking and other new acts of unfair competition.The former one has been already clear in the legal systems and in the legal provisions so it is obviously not controversial.But it will lead widespread influence because of happening in Internet environment,the rapid dissemination of information and the data interoperability.And about the latter one,due to the current law which has not made specific provisions,such competitive behavior will cause enormous damage to operators’property and have a broad social impact.So in practice the court also recognized this as unfair competition to make a judgment.So this paper combines unfair competition case studies in the data field to elaborate this type of dispute through three chapters.Chapter 1:This chapter is doing analysis of overall situation for the cases of unfair competition through the form of large data reporting.Basing on typical case,this chapter is doing differentiation and type induction of unfair competition occurred in the field.First,do analysis and get the case which can be regulated by the method of regulation of traditional unfair competence.Then summarize its new manifestation mode.Second,the case of unfair competition which is difficult to be regulated with the specific rules of law is typologically divided by the technical method,consequences of influence.With thinking of statistics,I try to obtain this kind of dispute’ s characteristics and behavioral characteristics,then dig out the similarities between the cases and provide the basis for data analysis in the following chapters.Chapter 2:This chapter reviews the current determination situation of unfair competition cases in the data field of information.And then it extracts the influence of current judgment of existing unfair competition from such cases.It also summarizes the constitutive requirements of judgment of competitive relationship,the choice of protection method,the reasonable condition of competitive behaviour and the evaluation of damage.Chapter 3:In response to current situation and judgement case,this chapter proposes recommendations on the practical operation of operator’s data compliance and how to deal with risk prevention and control of unfair competition in the context of big data. |
