Author(s)

Bowen Li ¹

Affiliation(s)

¹ Jiangxi University of Finance and Economics, Nanchang, Jiangxi, China

Corresponding Author

Bowen Li

ABSTRACT

In judicial practice, judges often refer to the principle of good faith and commercial ethics in Article 2, Paragraph 1 of the *Anti-Unfair Competition Law of the People's Republic of China* to determine whether a behavior constitutes unfair competition. It appears that fair competition is prioritized as the primary value in such cases, while the value of free competition receives little attention and is nearly overlooked. Although the *Anti-Unfair Competition Law* emphasizes fair competition, this foundation cannot justify restrictions on free competition. In reality, this emphasis is the result of institutional inertia, historical factors, and pragmatism. When adjudicating unfair competition cases, greater attention should be paid to the value of free competition, which is expressed through enterprises' autonomy in business operations. In disputes involving unfair competition, conflicts typically arise between fundamental rights and competitive interests. By analyzing judicial practices in cases involving ad-blocking software, traffic hijacking, and poaching by live-streaming platforms, this article proposes a balanced approach to resolving the conflicts between fundamental rights and competitive interests based on existing theories.

KEYWORDS

Fundamental rights; Platform enterprises; Unfair competition law

CITE THIS PAPER

Bowen Li. Conflict and Balance between Fundamental Rights of Platform Enterprises and Competitive Interests. Science of Law Journal (2024) Vol. 3: 181-185. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030625.

REFERENCES

[1] Zhang Xiang. (2005). The Dual Nature of Fundamental Rights. Legal Studies, (03):21-36.
[2] See Snyder v. (1934). Massachusett. 291 US 97, 105. 
[3] Zheng Xiaojian. (2016). The application and development of the principle of proportionality in civil law. Chinese Jurisprudence. 02:143-165. 

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