Interconnection is the essential attribute of the Internet，It is also the core element that creates the prosperity of the Internet economy。However, in recent years，Internet companies, especially large Internet companies, seem to abandon the traditional，Start closed its territory，Refusing to resource open sharing。This banning behavior will not only cause dissatisfaction among other operators，It also makes the national level worry that the continuous prosperity of the Internet economy will be hindered。Current，The discussion of the platform's ban on the platform is mainly concentrated in the field of antitrust law。But，Platform banning behavior is also closely related to Bet365 app download anti -unfair competition method，It may be involved in Article 12 of the Anti -Unfair Competition Law because of interfering with the normal business activities of others.，It may also be concerned about the general terms caused by "unfairness"。But at the same time，Article 12 of the Anti -Unfair Competition Law is controversial，General Terms High Abstraction，How to apply the two clauses depends on the value foundation and accumulation of the value of anti -unfair competition law。

With the development of Bet365 app download anti -unfair competition law，Traditional underlying logic is challenged，Alternative infrastructure has not yet been established，This adds difficulties to deal with new types of disputes such as Internet platform banning in practice.。In this background，Clarify the traditional and development process of the value foundation of anti -unfair competition law，Exist a framework of analyzing the legitimacy of the Internet platform banning behavior，For avoiding anti -unfair competition law, the platform for banning the platform is too wide or too narrow，Help the healthy development of the Internet economy，It has important theoretical and practical significance。

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Bet365 app download anti -unfair competition method was first introduced in response to in response to the end of the 19th century.、People generally complain about "business ethics loss" and "unfair competition increase"。So，Anti -unfair competition method contains the pursuit of specific fair results。At the same time，Anti -unfair competition method was born in the era of liberalism sweeping Europe，Therefore, it must also contain the protection and pursuit of freedom value。The traditional method of balanced freedom and fairness of anti -unfair competition method is，Actively prohibit being considered unfair behavior，Freedom as deducting rights to obtain negative protection。Anti -unfair competition method mainly depends on experience and consensus to define "unfair behavior"，and in the early days of the specific list, fix unfair competition in the provisions。After 1909，Anti -improper competition law on the European continent is further expanded，The way of fixed experience and consensus is expanded to "general clause+specific list"。The introduction of the general terms is of great significance，It is like "Trojan of Troy"，Ordering the moral guidelines with handicrafts to regulate economic and bloodline enters the anti -unfair competition method，Dis respectful social order for the latter，Even the conservative characteristics of the first operator。

Since the 21st century，The operator began to be dissatisfied with the aforementioned features of the Bet365 app download anti -unfair competition Law，Hope the system will reduce intervention in market behavior，So the Bet365 lotto review "anti -unfair competition law liberalization" movement was set off in mainland Europe，Forced the court to change attitude towards some competitive behaviors，Tolerance of more market challengers。What needs to be emphasized is，This clear change is essentially mild，It only slightly affects freedom and fair ratio。The basic status of freedom of behavior and restrictions on freedom from the concept of fairness，No fundamental change has occurred。my country's "Anti -Unfair Competition Law" was promulgated and implemented in the 1990s，Its development is also delayed compared to the European continent，But the overall context is roughly the same。

　　In principle, it does not constitute unfair competition

Bet365 app download anti -unfair competition method pursues fair results by prohibiting the clearly listed competition behavior，By allowing operators to engage in unbroken behaviors to ensure freedom of behavior，Then the legitimacy of the Internet platform banning behavior first depends on whether the anti -unfair competition method clearly lists the ban on the improper competition。Bet365 lotto review "anti -unfair competition Law" Article 12, paragraph 3, prohibit malicious and incompatible clauses with the highest correlation with banning behavior。but，This clause contains an uncertain concept "malicious"，This indicates that the legislators are cautious about the incompatible behavior of regulation。August 2021，"The Supreme People's Court's explanation of the" Anti -Unfair Competition Law of the People's Republic of China "(Draft for Soliciting Opinions)" on how to explain the malicious and incompatible clauses, such as "targeting specific operators", "unable to cooperate to eliminate the impact effect "Eliminating elements，The scope of the prohibition of further shrinking malicious and incompatible clauses，This indicates that the judicial organs are also bet365 best casino games cautious about restricting incompatibility behaviors。

Of course，The legitimacy of the Internet platform's ban on the ban also depends on the explanation of the general terms。But for competition behavior that is not regulated by specific terms，In principle, it should be considered that the behavior has belonged to the category of freedom of behavior，Only in the case of exception, continue to investigate whether it should be regulated by the general terms。other，Bet365 app download anti -unfair competition law traditionally respects the existing social order formed by spontaneous formation，This is also allowed to support the Internet platform in principle to provide support。Specifically，The Internet platform can be banned through two ways of agreement and technology.。The consent of other operators needs to be obtained through the agreement，Other operators refuse to cooperate, but the ban cannot be achieved，This means that the ban on the "consent" is a spontaneous order with a legitimate foundation，Anti -unfair competition method usually should not intervene。Through technical strength, the ban is made through private forces to create a favorable facts，If the behavior does not violate the provisions of the law for law，And the Internet platform is capable of maintaining the private force and forming order，Anti -unfair competition method usually does not intervene。

　　Invasive situations constitute unfair competition

Bet365 app download anti -unfair competition method provided by the protection of freedom of behavior is not absolute，Instead of restricting freedom based on the fair goals pursued by themselves。Professional ethics during the Handicraft Association affects the far -reaching influence on anti -unfair competition laws，The guild is committed to eliminating the internal competition of members, so we take various measures to promote the averageization of members' income。Ancient bet365 best casino games professional ethics is reshaped by time，But the core content of its core is left，and evolved into a fair and important content pursuing the pursuit of anti -unfair competition law，that is, the long -term operator obtains a certain degree of survival rationality，Others except performance competition，Behavior should not be seriously threatened in the survival basis of the first operator。This is especially suitable for technical change，Because economic activities have experienced unpredictable rapid changes at this time，and anti -unfair competition law plays the role of a buffer。Based on this，Internet platform banning behavior may constitute unfair competition，If the object of its ban is an operator who has formed a long -term dependent relationship with himself，and the ban on the ban is sufficient to cause the other party to fall into a serious crisis。Turn in turn，If the operator does not form a stable dependence relationship，or an Internet platform refuses to share resources just to achieve obstacles for other operators to achieve its future development plan，The latter has no long -term vested interests for these closed resources，The ban on the ban did not violate the fair requirements under the framework of the anti -unfair competition method。Similarly，If the ban in a business operator only brings some inconvenience to the operating activities of other market entities，or increase the operating cost of other operators，But the consequences of threatening their survival are not yet produced，The ban on the ban still belongs to the category of freedom of the operator's behavior。

Internet platform banning behavior except for unreasonable competition due to specific results，It may also be because the actor has a specific subjective state constituent in unfair Bet365 lotto review competition。The consensus formed by the current academic and practical circles in my country is，The operator must not maliciously cause damage to other operators。But there is a large difference in maliciousness in how to explain how to explain the Bet365 app download anti -unfair competition law，This is because the practical world tends to inject traditional ethics into subjective error elements，Definition of subjective maliciousness defined by folk ethics such as "food and fat" and "harmful self -interest"。The academic community advocates that business rationality should be different from traditional ethics。Obviously，Defining malice from business rationality is more in line with the requirements of the times，This is also consistent with the malicious interpretation of the comparative method，"Damage to others"。This means，Internet platform operators have released the ban in pursuing their own economic interests, causing the interests of competitors to lose damage，The competitive behavior is in line with economic rationality，Should not be condemned by anti -unfair competition law。but，If the operator's ban is being damaged to other operators，But can not bring economic benefits to yourself，Instead, it may cause yourself to suffer the same or even more damage，Then this method of "hurting the enemy for one thousand and self -injury 800" has maliciousness in anti -unfair competition.。When the operator's ban is identified as malicious，It can be determined that the behavior is not properly determined in accordance with malicious and incompatible clauses，You can also inject "malicious" into the concept of openness such as "honesty" and "recognized commercial ethics"，Then it is determined that the ban on the ban is constituted in accordance with the general terms。

　　(Author Unit: School of Law of Shenzhen University)