Analysis And Governance Of Unfair Competition Disputes On The Internet

After entering the 21st century,economic development has the characteristics of science and technology,and the Internet industry came into being.In recent years,the development of Internet economy is obvious to all,followed by the increasing number of unfair competition disputes on the Internet.In the face of unfair competition disputes on the Internet,Article 12 and 2 of the Anti-Unfair Competition Law have always been used as the basis for the determination of unfair competition on the Internet in judicial adjudication.Due to the lack of legislation and the rapid development and change of the Internet industry,it has always been difficult to characterize in practice.There have been typological attempts in theory and practice,but they all have shortcomings.This paper tries to starting from judging whether the behavior infringes the legitimate rights and interests of consumers and operators,and whether the behavior has destroyed the market competition order,we can improve the identification mode,and try to put forward some suggestions on the characterization of Internet unfair competition..Based on the concealment of Internet technology and other characteristics,it is possible that the court judges may showing fairness according to the original division of burden of proof and the standard of proof of evidence when trying disputes.Therefore,the above standards should be independently judged according to the particularity of unfair competition on the Internet.In the dispute,in the stage of determining compensation for unfair competition on the Internet,Since the losses suffered by the plaintiff from unfair competition and the benefits obtained by the defendant are difficult to prove,therefore,judges have to rely too much on Paragraph 4,Article 17 of the Anti-Unfair Competition Law to judge,and the facts on which the judgment is based are not clear.Therefore,the compensation for Internet unfair competition should be scientifically determined from four perspectives:improving the calculation method of direct loss,increasing the consideration factors of goodwill loss,clarifying the basis for judges’ discretionary reference in legal amount compensation,and introducing punitive compensation.Finally,it provides some governance ideas for unfair competition on the Internet from the perspectives of legislation,business entities,management entities and industry alliances,so as to promote fair competition in the Internet industry,safeguard the legitimate rights and interests of consumers and safeguard the legitimate interests of competition entities.