| The network unfair competition behavior can be divided into two main categories.One is the performance of the general market competition behavior in the field of the Internet.Another one is the new competition derived from the Internet economy,which is carried out by echnological means.This paper mainly discusses the second kind of unfair competition behavior by intercepting traffic,which is divided into three parts.As provided in the first part,this paper discusses the anti-unfair competition law of the behavior that should not be limited to this concept,operator.I think it should expand the scope to market participants.Based on the competitive relations of the legal theory and practice,this paper argues that focus on the competition ralationship is no longer a key of unfair competition,but rather focus on behave.The second part focuses on the behave itself,and discusses what is hijacked browser,browser hijack behavior is constitute the unfair competition in the current business model of Internet economy or not.Traffic has become a competitive priority,that is why hijacked the browser appear.In this case,the sentence is based on the discussion of business ethics to determine the behavior of illegal or not.In this case,the defendant violated industry standards and selectively hijacked the browser,which constituted unfair competition.The third part mainly discusses the compensation problem.ACTS of unfair competition is an important part of Economic law.The principle of Economic law embodies the pursuit.so ACTS unfair competition law does not exclude the application of the punitive damages.In addition,one of the characteristics of Internetunfair competition is that the loss is difficult to measure and the compensation amount is difficult to determine.It is suggested that the business model 、market share and goodwill loss of the original defendant be taken into account for comprehensive calculation to increase the amount of compensation. |
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