Judicial Determination Of Unfair Competition By Online Live Broadcast Platforms

Since 2016,the growing online live broadcasting industry has gradually become a way of life for the public.However,with the prosperity of the industry,the competition chaos of the major live broadcast platforms is also frequent,such as unauthorized stealing of game events on the platform,malicious poaching of anchors among platforms and other acts are all recognized as unfair competition by the court.From the specific cases,We can find that there are some problems with the judicial determination of unfair competition on the webcast platform,such as the choice of legal norms,how to determine the legitimacy of competition behavior and the application of general terms.In order to encourage and protect fair competition and promote the innovation and development of the industry,the type of unfair competition should be judged first on the judicial determination,and then whether it falls into the protection scope of other departments.The evaluation of legitimacy should be based on the dynamic competition view and adhere to the characteristics of behavior law of anti unfair competition law.In the process of application of general terms,We measure the interests in operators,consumers and social public interests in three dimensions,and determine whether it constitutes unfair competition by combining cases.