| With the continuous improvement of the level of Internet development in our country,accompanied by the increase of unfair competition cases in the field of the Internet,especially the filtering behavior of online video advertising,which belongs to a new type of unfair competition case,there are still many disputes in judicial identification.It is of practical significance to study the legitimacy of online video advertising filtering behavior,first of all,the protection of emerging fields.Moreover,it is of great significance to re-examine the "free advertising" model,especially from the perspective of interest trade-off,how to effectively weigh the interests of network users,operators and the public,and how to maintain the market competition mechanism.This paper is mainly based on five parts of writing,the first part is the preface,through sorting out the literature research at home and abroad,the research background lays the theoretical foundation for the writing of the full text,and provides scientific basis for the writing of the full text.The first chapter is mainly to sort out the domestic cases,from the judicial decision,case situation,enterprise management and other aspects of hierarchical summary,with the narrow competition relationship as the classification standard,does not involve malicious competition related cases,divided into two representative cases,one is represented by Letv and iqiyi,there is a narrow sense of competition relationship related cases;Secondly,there are some cases represented by iqiyi and Geke Router,which do not have competitive relationship in a narrow sense.Based on the background of the two types of cases,the content of the case and the content of the judgment,this paper makes a simple comparison,according to the current industry and market feedback,as well as the author’s personal views,Look for the relevant points of dispute in the examination and approval and judgment.This paper classifies and discusses the objective conditions and subjective conditions,including the identification of competitive relationship,the identification of competitive purpose,the fact of damage,the fault behavior and so on,and then analyzes the explanation and identification of unfair competition in online advertising video filtering in combination with the Anti-unfair Competition Law.In the second chapter,this part is based on the analysis of the subjective elements of unfair competition in the filtering behavior of online video advertising,summarizes the differences in the judgment of the subjective elements of domestic cases,and then compares them,and then introduces the identification and application principles of foreign subjective elements,mainly in Europe and the United States,especially the proportional principle of Germany,and the technology neutrality of the United States.The judgment and selection of subjective elements embodied in judicial application such as CDA Act.Then,based on the foreign cases and viewpoints,this paper summarizes some of the relevant enlightenment which is beneficial to the judicial practice of our country,and at the same time,it takes the results of some domestic case decisions selected in this paper as the research content.Analyze the principles and basis of the decision.The third chapter echoes with the second chapter,mainly analyzes another controversial point-objective elements,and still selects the application of objective elements in the identification of unfair competition in judicial practice in our country,as well as the corresponding basis.Its main content is to discuss whether it is necessary to take the competitive relationship as the critical standard in the case of unfair competition.Through the two points of view of differences,respectively,to evaluate and draw inspiration.Then the introduction of foreign cases,reflecting the identification and application of objective elements,combined with its applicable principles and basis for evaluation,and draw inspiration,and finally combined with the specific decisions of the domestic cases selected in this paper,and The basis and principle of the ruling shall be analyzed.The fourth chapter is based on the "Anti-unfair Competition Law",from the voluntary,fair,equal three principles to carry on the analysis,this chapter is mainly from the domestic and foreign three principles,that is,the current situation of the three principles in the identification of unfair competition,through the introduction of relevant cases to explain,and finally put forward the relevant suggestions on the three principles in the identification of unfair competition.It provides theoretical support for the improvement of the judicial system.In the process of analysis,there are three principles from different perspectives,mainly the market,individuals,enterprises,society and so on,from the multi-sided interest trade-off to put forward suggestions to ensure the study.The rationality and scientific nature of the conclusion. |
