Rethinking the Determination of Competitive Relationship in Unfair Competitive Behavior of Data

DOI

10.2991/978-2-38476-440-2_127How to use a DOI?

Keywords

unfair data competition; competitive relationships; relevant markets; business model

Abstract

As disputes over unfair competition in data are increasing daily, it is practical to re-examine the determination of competitive relationship in the anti-unfair competition law to regulate data scraping. The determination of competitive relationship in China's data unfair competition shows an expansive trend of evolution, which is specifically manifested in the determination of competitive relationship by violating the principle of competition, the determination of competitive relationship by the “business interests”, the determination of competitive relationship by unduly harming other people's competitive interests, the determination of competitive relationship by competing network users, and the determination of competitive relationship by unduly harming other people's competitive interests. Competitive relationships have been recognized to harm the competitive interests of others. There is rationality behind this evolutionary trend, but there is also a misapplication of over-extension. Therefore, the expansive interpretation of the competition relationship should be viewed with a critical eye to avoid the risk of misplacing the competition relationship and blurring the boundaries between the application of the anti-unfair competition law and other sectoral laws by defining the relevant market around the competition relationship and building on the bilateral market model.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Aoqi Wang
AU  - Zhide Zhou
PY  - 2025
DA  - 2025/07/10
TI  - Rethinking the Determination of Competitive Relationship in Unfair Competitive Behavior of Data
BT  - Proceedings of the 2025 11th International Conference on Humanities and Social Science Research（ICHSSR 2025)
PB  - Atlantis Press
SP  - 1121
EP  - 1127
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-440-2_127
DO  - 10.2991/978-2-38476-440-2_127
ID  - Wang2025
ER  -