Research On The Competition Law Of Internet Advertising Filtering

The development of the Internet has spurred the development of a new online advertising economy.The ever-increasing amount of advertising has stimulated the demand for users to block,and at the same time has triggered disputes between video website operators and advertising filtering technology.Since various filtering behaviors involve various factors such as business model,competitive relationship,technological innovation,and protection of legal interests,it is difficult to cause accurate identification in judicial judgments,and there may even be completely different judgment opinions.The path of adjudication where multiple interests and traditional conventions coexist.Under this path,although judges have the meaning of competition law,they are easier to follow the concept of criteria and focus on the protection of the interests of operators.This deviates from the basic characteristics of online competition and the original intention of the competition law,so it is difficult to accurately determine whether online advertising filtering is justified.The purpose of writing this article is to discover and analyze the reasons for repeated changes in the results of the criteria by summarizing the current status of the indicators in the near future,and to propose relevant countermeasures.The first chapter is mainly about some background information and current study.The distinction and type nature of filtering and online advertisement filtering are the gradual and basis for the judgment of online filtering behavior,and that’s what are the second chapter about.The third chapter is mainly about empirical analysis.First,taking the "Tencent v.The World Browser " as the demarcation case,summarize and analyze the judicial judgment profiles of the same type of cases after it,and conduct empirical analysis on the three aspects of judgment results,judgment basis and identification factors.The status of judicial adjudication is compared with the typical German adjudication.It is concluded that the adjudication at the emergence stage can be divided into two different judging perspectives in which new ideas and new ideas of comprehensive interest measurement and the path of legal interest protection in civil torts coexist.The thinking of the referee was analyzed and compared.To a certain extent,court judgments have begun to pay attention to the characteristics of the Anti-Unfair Competition Law,abandoning the thinking of considering traditional judgment elements but still adopting the trial method of civil infringement,which deserves in-depth attention and follow-up.Chapter 4 uses the regulatory concepts of the Anti-Unfair Competition Law to deconstruct and examine the focus of disputes in case judgments under the new thinking.First,it points out that there is a broad sense between online video operators and advertising filtering service providers in academia and practice.Competitive relations have reached a consensus;secondly,it pointed out that judicial practice is based on the uncertain habits of business models,and began to deliberately avoid or reduce its argumentation;finally pointed out that judgments have certain deficiencies in the argumentation of business ethics,the damage to the interests of operators,and the legal basis.Advocating the use of new ideas combined with typed technical analysis to measure the nature of network filtering behavior.Chapter 5 presents a simple opinion on the method of determining the nature of network filtering behaviors,and demonstrates that current and future judicial judgments should conform to the spirit and legal principles of free competition in value,based on the starting point of judging whether there are interests that should be protected by law.The technical characteristics of the network economy and the different filtering behaviors are classified and identified,and the technical analysis and pertinent analysis in the process of case trials are enhanced.Finally,it puts forward some humble opinions on the selection of legal rules and specific technical operations in similar cases,and improves the rationalization and integration of the identification of the nature of online advertising filtering behavior.