Research On Unfair Competition Of Internet Video Advertising Shielding Behavior

The unfair competition dispute caused by the shielding behavior of online advertising is a common but inconclusive debate in the Internet industry.When handling relevant litigation,due to the establishment of competition relationship,the application of anti unfair competition law,the recognition of business model of operators and the consideration of consumers’ rights and interests,it is an important controversial issue in the current judicial practice of our country.On the whole,the court mainly judges whether the business model of the operator is legal,or whether it is illegal according to the principle of good faith and good faith in the general terms,as well as the generally recognized business ethics in the society,which has aroused extensive debate in the theoretical circle.China’s existing laws and regulations have insufficient restrictions on online advertising.Although the anti unfair competition law includes the Internet provisions,it is difficult to cover the shielding of online advertising due to its unclear content and lack of sufficient extension ability.Therefore,when making a ruling,the court usually relies on the general provisions.Although the content of the general terms is vague,and it is difficult to get a specific understanding of the principle of good faith and business ethics,in practice,the court’s handling of relevant cases is much the same,and believes that the shielding of online advertising is unfair competition.The United States and Germany have different ruling results in similar cases of unfair competition.When dealing with such cases,we paid special attention to the consideration of consumers’ rights and interests and technological innovation,and followed the market competition order to a great extent based on the principle of proportion.The judgment result was completely contrary to our court and believed that the case did not belong to unfair competition.Although there are differences in the national conditions and values of different countries,there are still places for us to refer to in the settlement of such disputes between the United States and Germany.When defining the legitimacy of online advertising shielding behavior,we should pay attention to determining the role of users’ rights,and adopt the "principle of proportion" to balance the interests of all parties.When judging whether the shielding behavior of online advertising is reasonable,we should start with the traditional fixed concept of static competition,study it from the perspective of dynamic competition,and analyze its rationality by using the principle of proportion.Secondly,in judicial practice,we should comprehensively consider the specific application of general terms and network terms,and give full consideration to the application of network terms.If the exhaustive interpretation still cannot be applied,we can use the general terms for interpretation,and appropriately limit the court’s dependence on the general terms.Finally,on the relationship between "freedom of competition" and "protection of rights and interests",the government should make every effort to maintain the modest function of the judiciary in market competition,and maintain fairness and justice on this basis.