Qualitative And Referee Research On Internet Video Advertising Shield Under Competition Law

With the advent of the Internet era,online video advertising has become one of the main ways for video site operators to make money.Due to the current oligopoly situation in China’s Internet market,it is difficult for new market players to enter this market.Therefore,some players in the Internet market have begun to focus on the additional items of mainstream business models.Internet video ad blocking parties are attached to the current mainstream video site "free content + advertising" business model,capture the user’s reluctance to watch ads,and provide users with advertising blocking tools.The refereeing for this type of case has caused a relatively large controversy,and many scholars have questioned the rationality of the result of the online video blocking case adjudication.Combining the characteristics of the “free video + advertising” business model and the theory of “two-sided markets”,from the perspective of Law and Economics,the online video advertising blocking behavior is identified as “free-riding” and combined with the “Anti-Unfair Competition Law”revised in 2017 The damage caused by laissez-faire to operators,consumers and market order is analyzed,with the purpose of providing more solid support for the court’s decision-making rationality.At present,some court rulings have overemphasized the problems of “taking competition as the prerequisite”,“damaging as the prerequisite for unfair competition”,and “taking violation of business ethics as the basis for adjudication”.The positioning of fair competition law and intellectual property law is uncertain.Combining the basic theories such as "competitive behavior is the logical starting point","harm neutrality" and "multiple protection of legal interests" of anti-unfair competition law,it can provide a method of adjudication that is more in line with the characteristics of anti-unfair competition law.The conclusions and main innovations are: improving the "Internet Articles" in the "Anti-Unfair Competition Law" revised in 2017,setting up the update case,setting up a competition law trial team and issuing guidance cases,which is conducive to solving the current court arbitration argument The predicament existing in the case improves the rationality and acceptability of such rulings;the court actively assisted the injured to stop losses and restore market order through pre-litigation injunctions and other methods.