On The Identification Of Unfair Competition In The Screening Of Internet Advertisements

Unfair competition disputes caused by online advertising blocking behaviors are common but unconclusive disputes in the Internet field.When dealing with related cases,the determination of competition relations,the application of the general provisions of the Anti-Unfair Competition Law,and the business models of operators Recognition and consideration of consumer interests are the main controversies in judicial practice.In general,the courts are mostly based on affirming the legitimacy of the business model of the business operator,based on the principle of good faith in the general terms and recognized business ethics to determine the impropriety of the conduct involved,which has caused widespread controversy in the academic circle.At present,the domestic legal regulations on the blocking of online advertisements are not complete and specific.Although the new "Anti-Unfair Competition Law" has added Internet clauses,its content is not very specific and lacks thoroughness,and it is difficult to cover the blocking behavior of online advertisements.Therefore,the courts still mostly rely on general terms to make rulings when making judgments.Although the content of the general terms is vague,and the principle of good faith and business ethics are difficult to obtain specific explanations,in practice,the results of the courts in related cases are consistently the same,that is,it is determined that online advertising screening constitutes unfair competition.Under similar unfair competition disputes,the United States and Germany showed different results.The two countries paid special attention to the consideration of consumer interests and technological innovation when trying such cases,supplemented by the principle of proportionality to determine the nature of the conduct involved,followed the order of market competition to a greater extent,and made judgments contrary to our courts.,That is,it is determined that the conduct involved in the case does not constitute unfair competition.Although the market environment and value pursuits of various countries are different,the courts of the United States and Germany still have lessons for Chinese courts when dealing with related disputes.When determining the legitimacy of online advertising blocking behaviors,it is necessary to attach importance to the role of consumers’ interests in the determination,apply the principle of proportionality,and balance multiple interests.When determining whether the online advertising blocking behavior is right,we must first change the original solidified static view of competition,use the dynamic view of competition to examine market competition,and analyze the legitimacy of competitive behavior through the principle of proportionality.Secondly,in judicial practice,the specific application of general terms and Internet terms is considered comprehensively,and Internet terms are applied first.Only when exhaustive interpretation is still unable to apply,general terms can be applied for interpretation and application,and the court’s dependent application of general terms is appropriately restricted.Finally,we should try our best to maintain the judicial restraint of market competition,respect the order of market competition,and strive to balance the relationship between "freedom of competition" and "protection of rights and interests."...