Comments on the Internet clause of the Amendment of Anti-Unfair Competition Law of China

|Law&Policy 作者:TRI 2020-04-22

By: Xiaojun Tian & Yu Zhu

Abstract:Innovation happens in both industry and legislative branch. Internet business model and technological innovation led to the general application of 1993 “Anti-unfair Competition Law” and the discussion of the regulation of the new Internet unfair competition. The newly revised Anti-unfair Competition Law specially set up “Internet Clause” absorbing the beneficial experience of judicial trial and industry practice, payed attention to the coordination of the relationship between the relevant laws and competition law, in order to adapt to the requirements of the times of network governance. This article also tries to discuss malicious incompatibility, data competition, and application of the law as well as other issues to give a more detailed interpretation of the “Internet Clause”.

Keywords:Industry innovation, Internet clause, Competition law system, Hamper, Data competition