《反不正当竞争法》恶意不兼容规范的适用要件

Abstract:Article 12 （2）（3） of the Anti-Unfair Competition Law is the norm of malicious incompatibility. Through the analysis of the two elements of malicious and incompatible，the contradiction that the provision’s expression is not specific enough and may cause controversy in its application could be resolved. In addition，the identification of “obstructing or disrupting the normal operation of network products or services legally provided by other operators”，conducting competition effect tests，moderate application of the principle of interconnection，and giving the platform operators a moderate choice of compatibility，are all important considerations in judging malicious incompatibility. Achieving interconnection shall be gradually implemented and shall be implemented while security measures and regulatory measures are well considered，and corresponding responsibilities are clarified.

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