Journal of Jiangxi University of Finance and Economics ›› 2018, Vol. 0 ›› Issue (02): 224-.

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Role Remolding and Function Reconstruction of Consumers in China’s Competition Law in Internet Era: Also on the Amendment of the Anti-Unfair Competition Law

CHEN Geng-hua   

  1. (Southwest University of Political Science and Law, Chongqing 401120, China)
  • Published:2021-01-21

Abstract: The age is coming, in which Internet consumers dominate economic development. On the one hand, the economic characteristics of the Internet has strengthened the role of consumers as a judge, on the other hand, we must also face the fact that consumers are located at the end of the Internet competitive ecological chain. The protection of consumer interests by China’s anti-unfair competition law should be not limited to an indirect reflection-type, but a direct and even focused protection. Consumers in the Internet era have a special status which can also determine their special functions. Demonstrating the legitimacy of competitive behaviors should be based on the protection of the interests of operators, and the nature of the behavior should be determined by focusing on whether the overall, long-term interests of consumers are damaged. The connotations of consumers’ interests in the law include the right to know so as not to be misled or cheated and the right to choose without technical coercion or indirect interference. To improve the protection of consumer rights and interests in the anti-unfair competition law, we should not only modify the definition of unfair competitive behaviors but also clearly specify the consumers’ right of collective action and the concrete applicable conditions.

Key words: Internet; unfair competition; consumer interests; consumer standards; consumers’ right of collective action