The Concept of Unfair Competition in the Field of E-Commerce Advertising.

Banner-logo advertising: Place logos or banner ads on websites with high traffic or high rankings on Google.

This is the most popular form of advertising and is considered highly effective in promoting brands and targeting potential customers on the Internet.

Text link: Is a way to place text advertisements with a link to a website address or product or service. The benefit of this form is that when users access search engines, it will automatically update the customer's website to the searched category [28].

Keyword advertising : This is considered an advertising system with smart features, targeting specific keywords. Every result page of Google, Yahoo! or Monava in Vietnam uses this form. With any keyword related to a service/product, the ads will appear on the right/top or bottom of the screen on the first search results page. That means when customers search for any keyword, search engines immediately bring a relevant sponsor to the top of the search results.

Maybe you are interested!

“Pay-per-action” advertising: Considered a new form of advertising, a term from Google. For example, only when a visitor to the website makes a purchase or fills out a form will the provider collect the business’s advertising fee. This form is considered beneficial only in the advanced e-commerce environment, where transactions are done online easily, conveniently and securely.

Google AdSense : Website owners can integrate this software to display advertisements on their pages in the form of text, images or videos, which are managed by Google and charged to advertisers on a pay-per-click or 1,000-click basis and recently per action basis. Website owners who accept Google ads will receive a commission from the company at a rate.

Rich Media/Video : A potential form of advertising on media that is highly appreciated by economic experts with advertising videos

as on television. Convenient and effective addresses for these types are video sharing websites, animations, online music and especially online games. Advertising companies can insert products and services into these types and at the same time build some integrated components related to their brand. This form is predicted to have the highest growth rate among online advertising types. [28]

 Email Advertising :

Email marketing is a form of direct marketing that uses email as a means of communicating with an audience. In a broader sense, the term email marketing is often used to refer to sending emails with the purpose of enhancing a business's relationship with existing or new customers to encourage customer loyalty and drive repeat business.

In addition, Email advertising is also intended to introduce, promote, thank... in the hope that they will buy your products or services. The main task of Email advertising is to build relationships with customers, create trust and increase customer brand recognition.

 Advertising in cellphone messages :

Cellphone advertising is marketing on or with a mobile device, such as a smartphone. It can provide customers with time- and location-sensitive, personalized information to promote goods, services, and ideas. It is the use of mobile media as a communication and media channel between brands and consumers.

Along with the rapid development of Email advertising, Mobile marketing is an inevitable and indispensable trend in the media industry, in today's mobile era. [11]

1.1.2 Concept of unfair competition in the field of e-commerce advertising.

Concept and characteristics of unfair competition

Concept of unfair competition

Unfair competition is a competitive act of an enterprise in the course of doing business that is contrary to common standards of business ethics, causing or potentially causing damage to the interests of the State, the rights and legitimate interests of other enterprises or consumers. [19, Clause 4, Article 3 ]

Unfair competition has the following basic characteristics:

Firstly , the subjects that commit acts of unfair competition are business entities in the marketplace.

Article 2 of the 2004 Competition Law defines the subjects of application of this Law as business organizations and individuals (collectively referred to as enterprises) of all different economic sectors, including enterprises producing and supplying public products and services, enterprises operating in state-monopolized sectors and fields, and foreign enterprises operating in Vietnam as well as industry associations operating in Vietnam.

This characteristic reflects the scope of subjects performing competitive and unfair competition acts, occurring in economic activities, in all stages, part or all of the production and business process. In a competitive market, any business's business conduct is a competitive act in relation to other businesses. On the other hand, business activities are activities aimed at making a profit and are carried out in the market. Thus, unfair competition acts must be acts carried out by businesses and traders in the market, contrary to common standards of business ethics and carried out for the purpose of making a profit.

However, the provisions of the current Competition Law are not consistent. As cited above, the subjects of unfair competition include enterprises and professional associations operating in Vietnam. However, the definition of unfair competition only states: "Unfair competition is the competition of enterprises ", which means that one subject of unfair competition has been eliminated. Meanwhile,

Accordingly, the unfair competition acts listed include discriminatory acts by associations.

Second , unfair competition is behavior that is contrary to common standards of business ethics.

This characteristic shows the unhealthy nature of the behavior and is the basis for distinguishing between healthy competition and unhealthy competition in the market. The concept of unhealthy competition as prescribed in the Competition Law 2004 does not clearly state the objective manifestation of the behavior because the competitive tricks implemented by enterprises in reality are very diverse and sophisticated, and can be confusing, deceitful, defamatory, and disruptive. [21]

To determine whether a competitive behavior is unfair, it is necessary to base it on "common standards of business ethics". Business ethics is a category used to refer to requirements and demands that are even higher than those related to legal obligations. Behaviors such as tax evasion, fraud, counterfeiting, causing damage to other businesses by dishonest business practices, etc. are not subject to the regulation of business ethics, because they are illegal behaviors that are within the scope of control and handling of the law. Business ethics are rules of conduct and business practices that have been widely recognized in economic and social life. However, this is a difficult basis to quantify, requiring the law to regularly supplement and adjust to suit the movement of social life, in specific historical conditions. Therefore, the concept of unfair competitive behavior in each country may be different, related to the economic, social and ethical categories of a certain society. [21]

Third , unfair competition acts cause or may cause damage to the interests of the State, the legitimate rights and interests of other enterprises or of consumers.

Article 33 of the 2013 Constitution stipulates: “ Everyone has the right to freedom of business in sectors not prohibited by law ”. Article 4 of the Competition Law

2004, stipulates: “ Enterprises are free to do business within the framework of the law. The State protects the right to legitimate competition in business ”. Of course, to be protected by the State, such competition must be carried out on the principle of honesty, not infringing upon the interests of the State, public interests, the rights and legitimate interests of enterprises, of consumers, and must comply with the provisions of the law on competition.

Thus, when a competitive act is carried out but does not follow the above principles, infringing on the interests of the State, other enterprises or consumers, then that competitive act is considered unfair. The damage caused by the act may be real and identifiable, but it may also be damage that is at risk of occurring (potential) if there are no timely preventive measures.

The concept of unfair competition in the field of e-commerce advertising.

The 2012 Advertising Law does not explain what unfair competition is in the field of e-commerce advertising, but only stipulates prohibited acts in advertising activities in Article 8, including 16 groups of acts, including the act of "Advertising with unfair competition content according to the provisions of the law on competition".

However, up to now, there has been no specific concept of unfair competition in the field of e-commerce advertising. Thus, with the signs and characteristics of unfair competition behavior mentioned above, the author would like to propose the concept of unfair competition behavior in the field of e-commerce advertising as: " The behavior of enterprises and traders in the course of doing business using commercial advertising through electronic devices, telecommunications networks or other open networks to conduct dishonest, unfair, illegal competition, business ethics standards, business practices causing damage or possibly causing damage to the interests of the State, the rights and legitimate interests of other enterprises and consumers"

Thus, it can be affirmed that unfair competition in advertising in general and in e-commerce advertising in particular are one and the same.

Unfair competition acts as prescribed in the Competition Law 2004.

Currently, most countries in the world only explain the term advertising without defining e-commerce advertising. This is simply because the laws of countries around the world stipulate that advertising is an activity often associated with commercial profit factors and is mainly carried out by traders, so when referring to the concept of advertising, it is also talking about commercial advertising [23, p.18] or e-commerce advertising.

Unfair competition in the field of e-commerce advertising has the following characteristics:

Firstly , the subject of unfair competition is an organization, possibly a State management agency. The Competition Law 2004 has not clearly defined the subject of regulation as a State management agency. Therefore, this leads to a lack of legal basis to handle violations of the provisions of Article 6 of the Competition Law 2004 and individuals who, for profit, carry out unfair competition through e-commerce advertising.

Second , this behavior is dishonest, contrary to business practices, illegal, causing damage to State interests, the rights and legitimate interests of existing competitors and consumers.

1.2. Legal content regulating unfair competition in the field of e-commerce advertising

1.2.1. Concept of law against unfair competition in the field of e-commerce advertising

Concept of law against unfair competition in the field of e-commerce advertising:

According to the 1992 British Business Dictionary, " Competition is the rivalry between businesses in the market to compete for the same type of production resources or the same type of customers" [13, pp. 43-51] . Therefore, anti-competition law is understood as the whole of principles and legal norms issued by the State, acknowledging and regulating competition between business entities in a market in searching, maintaining and protecting

a whole resource or a type of customer. As a commercial promotion activity of an enterprise, traders introduce to customers about the enterprise's activities and products using electronic devices connected to mobile telecommunications networks or other open networks, e-commerce advertising must be subject to the regulation of anti-CTKLM laws.

Thus, the law on anti-competitive behavior in the field of e-commerce advertising is a synthesis of legal regulations issued or recognized by the State to regulate competitive behaviors of traders in e-commerce advertising activities that are contrary to common standards of business ethics, causing or possibly causing damage to the interests, rights, and legitimate interests of existing competitors and consumers. At the same time, it determines the legal responsibilities of the entities performing these behaviors as well as the procedures for complaints, lawsuits, handling measures, and sanctions applied to ensure a healthy competitive environment in the field of e-commerce advertising.

1.2.2. Basic contents of unfair competition law in the field of e-commerce advertising

Advertising in general, e-commerce advertising in particular, has a great impact on cultural, economic and social life, and its influence on businesses and consumers is not small. Besides the benefits of e-commerce advertising, advertising activities also have negative impacts that need to be prevented. For the purpose of profit, businesses have advertised dishonestly, misleadingly to deceive customers, causing damage to consumers and negatively affecting the healthy business environment. There are acts of advertising for the purpose of defamation, defamation of the honor and reputation of other businesses and other people. The law needs to identify advertising acts considered as e-commerce advertising; the legal responsibility of the subjects directly performing the acts; The order and procedures for complaints and settlement, quick competition litigation, sanctions that need to be applied to violations... The content of competition law in the field of advertising is a synthesis of components that are closely related to each other, specifically:

Firstly, the basic principles of anti-CTKLM law in the field of advertising in particular and e-commerce advertising in general.

(i) Principle of ensuring freedom of business: Freedom of business is the Constitution of business entities, this freedom must be within the framework of state law in the spirit that businesses are allowed to do what the law does not prohibit. However, state intervention must be consistent with the principles of the market economy, and must respect the objective laws of the market economy. E-commerce advertising is a business activity, so this principle is considered the main principle.

(ii) The principle of equality before the law of subjects participating in the field of e-commerce advertising: The right to equality before the law of subjects is expressed in two aspects: equality when participating in business relations and the right to equality when resolving disputes that arise. In the legal relationship on combating CTKLM in e-commerce advertising, subjects are equal before the law.

(iii) Principle of ensuring competition: in the field of advertising, it is to encourage honest advertising and strictly prohibit fraudulent advertising. Promote trade promotion activities, in which advertising is a measure that businesses focus on. If businesses advertise in a diverse and rich way such as e-commerce advertising, it will be the shortest way for consumers to access the goods of businesses in the fastest way. Advertising encouragement must be carried out simultaneously with regulations and institutions to ensure this behavior, strictly prohibiting fraudulent advertising, building and implementing sanctions for violations of competition law in the field of e-commerce advertising will create a favorable environment for advertising to develop.

(iv) Principle of respecting the creative rights of advertising subjects: This is considered a characteristic principle for this legal field because when implementing the principle of freedom of business, businesses will also have the right to advertise. At that time, business owners have the right to advertise their products in the most effective way for

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