互联网服务不正当竞争行为辨析

Analysis on Unfair Competition Behaviors Concerning Internet Service

一方面,互联网技术和商业模式的日新月异,带来了互联网经营行为的多元化和多样性,互联网立法自身的粗线条和法律先天的滞后性在丰富多样的经营行为面前变得更加捉襟见肘。另一方面,正是由于技术和商业模式的快速淘汰和更新,使得互联网经营的竞争日趋激烈。在所谓"弱肉强食"盛行的新经济领域,司法对竞争行为和竞争秩序的规范,对正当行为与不正当竞争的边界界定,变得史无前例的重要。裁判结果不仅意味着被攻击和干扰的一方能否顺利、有效益地按照自己选择的商业模式做大做强,同时更关系到发起攻击和干扰的一方应如何在创新经营的同时及时防控行为风险,这对原被告双方均利益攸关。因此,该类纠纷往往引起业界广泛关注和争议。

The fast-changing Internet technology and business model result in pluralistic operation behaviors in the Internet industry, which causes serious problem for the application of law and regulations with vagueness and lag. On the other hand, it is also the reason why the competition in the Internet industry is becoming increasingly fierce. In the new economy area which is often referred to as the area applied to the law of jungle, the role of judicial system in regulating competition behaviors and competition order, defining the borders between legal and illegal behaviors is unprecedented important. Court rulings and decisions influence not only the infringed party who would be encouraged to promote its business model, but also the infringing party to diminish and control legal risk while continuing innovation attempts, which is with great importance for both parties. Therefore, these conflicts and cases have caused wide concerns from the industry.