Regulation of Internet Blocking by Anti-Unfair Competition Law
![handle is hein.journals/lawscn2022 and id is 575 raw text is:
REGULATION OF INTERNET BLOCKING BY
ANTI-UNFAIR COMPETITION LAW
CHEN Bing*
[Abstract] The implementation of Internet blocking technologies and relevant
behaviors, while playing the role of cleaning and regulating cyberspace, may also
bring risks of hindering the free and fair flow of information online. Especially when
the super platforms block access to the links, websites, data, information and other
elements of the operators with whom they are in a competitive relationship, it is more
likely to damage fair competition in the free market and the legitimate rights and
interests of the vast number of users. In reality, because of the continuous emphasis
on the duality of the platform operator's role, and considering the Internet blocking
technologies as a commodity that can provide services to users with due respect to
rationality and legality, the problems caused by Internet blocking have expanded from
the realm of constitutional law involving the issues of freedom of expression and free
operation of business affairs to the area of anti-unfair competition law concerning
fair competition and protection of consumers' legitimate interests. Based on the
current regulatory system of anti-unfair competition law, to establish a RegTech-and-
TechReg-oriented regulatory system, i.e., an anti-unfair competition regulatory system
that centers on regulatory technology and technology regulation, will meet the needs
of the development of the times. In this process of pushing forward the upgraded
regulatory system, on the one hand, it is necessary to emphasize reasonable display
of the legislative purpose of Anti-Unfair Competition Law in practice through legal
interpretation and application; on the other hand, it is necessary to explore the
criteria for regulating Internet technologies from the perspective of the features of
technologies and their operation. In this way, the implementation of the Anti-Unfair
Competition Law will, firstly, be conducive to rational regulation on behaviors in the
field of technologies so that technologies will not be abused by operators to disrupt
the order of fair and free market competition, secondly, avoid excessive or even
abusive regulation that interferes, hinders or even destroys the free development and
CHEN Bing, Law School of Nankai University. This paper is a phased achievement of the later funded
project Research on Digital Economy and the Rule of Law in Competition (19ffxb028) of the National
Social Science Foundation of China in 2019 and the major project Research on the Consideration and
Promotion of Human Rights Benchmarks in Global Data Competition (19jjd820009) of the key base of
Humanities and Social Sciences of the Ministry of Education in 2019.
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Regulation of Internet Blocking by Anti-Unfair Competition Law
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