随着我国市场经济的深入发展,市场竞争愈演愈烈。在市场交易中,商业混淆乱象也开始频现。商业混淆行为既会使经营者的商业信用与经济利益受到严重损害,又会使消费者的正当权益受到损害,进而破坏市场的运行机制,影响市场的竞争秩序。在此背景下,为了充分保障市场中各个主体的利益,需要对商业混淆的不正当竞争行为进行有效规制,而对商业混淆的有效规制依赖于对商业混淆的司法认定,本文以乳业行业为切入点,研究商业混淆的司法认定。

As the competition in the market becomes more and more intense with the development of market economy, there are many commercial confusion in the market transactions. Commercial confusion can seriously damage not only the commercial credit and economic interests of operators, but also the legitimate rights and interests of consumers, which can damage the trust mechanism of the market and affect the competitive order of the market. Therefore, in this context, in order to fully protect the interests of each subject in the market, it is necessary to effectively regulate the unfair competition of commercial confusion, and the effective regulation of commercial confusion depends on the judicial determination of commercial confusion, so this paper took the dairy industry as the starting point to study the judicial determination of commercial confusion.