| In the big data era driving technological innovation,Internet operators need to gain competitive advantage depending on the number of users,and the key to increasing thenumber of users in the Internet age is to collect data to analyze consumer users’ information and behavioral traces.The above data can be an important commercial capital of the Internet company,and it can take advantage of management and gain economic returns.Therefore,competition has been made between Internet companies using fraudulent methods in data acquisition and use.In the famous data unlawful competition case,there is an illegal crackdown,a popular comment,and the defeat of the hundredth data,etc.When the manager acquires and uses the data by the illegal means,other business operators and users compromise the legitimate interests of the data,infringe the fair market competitive environment,and constitute unfair competition.On the basis of the basic concept of the competition law,the case of data incompetence competition in the judicial practice is combined,and the proprietary data profit and user information in the data acquisition,management,and the transaction process violate the commercial morality and the trustworthy credit principle in the management of the data It is defined as the act of destroying the interests and destroying competition order in the industry.It is characterized by the use of a search engine technology to acquire data from fraudulent net worker technology,and to obtain data from fraud It has been divided into three types of data that can be acquired by defeating m cooperation mode.Based on the concept,the characteristics and the type of behavior,we have compiled a theoretical foundation to regulate this act.Convenience theory and attention economy theory.The present state of legislationand practice of unfair competition behavior of regulatory data is described.Reading a large number of bibliographical data and relevant legal provisions,combining the typical cases,the theory associates with the facts and explores the typical cases of unfair competition between the Internet companies,and summarizes the problem of regulatory data corruption in the theory and practice.There is a defect in the legal norm that certifies the illegal competition act of the data,and there is a defect in the supervisory management system that it is found that there is a defect in the data profit protection of the business operator,and that there is an illegal competition act of data.Finally,in order to achieve a better balance of data innovation and rights protection,we combine benevolent guides to the number of competition in order to better protect Internet companies and individual users’ legitimate interests and public interests in order to achieve a better balance of data innovation and rights protection.The effective competition of the Internet market data in the aspect of the related legislation of the data fraud competition recognition,the protection of the data profit of the manager and the supervisory management measures for the improvement of the data unfair competition act,etc.are fulfilled. |
