Predicament And Outlet Of Judicial Determination Of Competition Relations In Anti-Unfair Competition Law

In China’s judicial practice,due to the lack of legal norms of competition relations,insufficient understanding of the role of competition relations and the logical relationship between competition relations and unfair competition behaviors,coupled with the influence of legal pragmatism,have led to three major dilemmas of competition relations in judicial determination.First,whether to examine the competition relationship between the plaintiffs? Second,what kind of competition relationship should be examined? Third,what kind of standard should be used? Facing these three dilemmas,we can re-examine the significance of competition to the plaintiff’s qualifications and the role of competition in limiting the excessive expansion of rights by clarifying the role of competition in distinguishing unfair competition from general civil torts,Which can lead us to a clearer understanding of the value of competitive relationships.On this basis,based on the loose agglomeration of unfair competition behaviors,different types of unfair competition behaviors have different needs for competitive relationships,which are further divided into:unfair competition behaviors that apply to inter-industry and non-inter-industry competition relationships,unfair competition behaviors in which competitive relationships are not applicable,and unfair competition behaviors in networks.Finally,in light of the positive exploration and practical results of the judicial practice on the criteria for determining the competitive relationship,the criteria for the recognition of inter-industry and non-inter-industry competitive relations are separately clarified.Therefore,according to the type of unfair competition behavior,the applicable competition relationship and competition relationship identification standards are selected to solve the three major dilemmas encountered in the judicial determination of competition relationships.