Research on the Substantive Cognizance Condition for Unfair Internet Competition in China

When talking about unfair competition, business ethics has to be involved, which means to judge whether the competition is fair or not is very much ethical debate. And its connotation is also evolving along with the development of social economy, so in this sense, defining “fair competition” or “unfair competition” is very difficult. Therefore, whether it is related to international conventions, or national laws, what is unfair competition is illustrated or identified by way of listing specific examples. China’s Internet has experienced three development upsurges and has gradually developed from the free competition to the stage of the monopolistic competition, or even oligopoly. China’s cognizance of unfair competition is mainly based on the AntiUnfair Competition Law of the People’s Republic of China, which stipulates typed clauses and general clauses. This paper intends to explore the substantive cognizance condition on unfair competition from the angle of “typed clauses.” While the “typed clauses” are characterized by inductive and operable behavior in the course of the cognizing unfair competition, the Internet environment leads to diversified acts of unfair competition. Thus it is difficult and complicated to identify new unfair competition effectively; this also has become the focus and difficulty of practical work. In the current Internet environment, the value of typed clauses and how to use the “typed clauses” to identify unfair competition is the key point of this paper.