The Legal Regulation of Unfair Competition in the Era of Traffic Flow

Abstract

On November 22, 2022, the State Administration of Market Supervision and Administration drafted the "Anti-Unfair Competition Law of the People's Republic of China (Revised Draft for Comments)" (hereinafter referred to as the Revised Draft) to solicit opinions from the public. This is another revision since the 'Anti-Unfair Competition Law' came into effect in 2017, and it is also a step forward in the context of the traffic era. The provisions of the 'Internet special provisions' are a major step forward in China's legislation to comply with social development. However, in today's traffic era, new types of unfair competition behaviors emerge in an endless stream. The law itself has a lag, and relying solely on 'Internet special provisions' cannot solve all unfair competition behaviors in the Internet field. Unfair competition in the Internet field has the dilemma of legal application. From the perspective of perfecting the special provisions of the Internet, standardizing the application of the general provisions and the special provisions of the Internet, and giving play to the role of the principle of multi-interest balance, we will promote the legal regulation of unfair competition in the era of traffic.