关键词: 反不正当竞争法, 互联网竞争, 私法化

Abstract: The goal of the anti-unfair competition law of the People′s Republic of China(2017 Revision) is to try regarding the interest of consumers as an element to judge the act of competition legality. However, it also relaxes construction of act of competition, which blurs the boundaries between the Tort Law and the anti-unfair competition law in practice. It casts a concern whether the logic of the Tort Law will still influence the Courts, which causes the Courts ignoring the element of the public interest of the anti-unfair competition law and regarding the anti-unfair competition law as a private law. This concern is obvious in internet competition. Because the essence of internet economy is the attention economy, consumers play more important roles comparing with the traditional competition. As a result, the privation of the anti-unfair competition law will cause lots of disadvantages in internet.

Key words: anti-unfair competition law, internet competition, privatization