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Fundamentos Para La Regulacion De La Publicidad Comparativa

  • RICARDO PAREDES M

    ()

    (Escuela de Ingenieria, Pontificia Universidad Católica de Chile)

There is a growing consensus that comparative advertising has the potential to reduce barriers to entry and increase competition. Nevertheless, in actual practice comparative advertising in most countries, and particularly in those which are the least developed, is either very limited or non-existent. This paper describes the strikingly contrasting regulatory approaches to the problem in Europe, Latin America; especially in Chile; and the United States. This has enabled us to analyze the gap that exists in the fundamental principles as set forth by regulatory theory and practice. The paper describes the causes for the paradox existing in the discourse of Chilean jurisprudence, in that it over emphasizes the benefits of comparative advertising and its practice, but limits it. We identify the elements, which, in our opinion, are excessive to limit comparative advertising, and we put forth the arguments in favor of the need to act so as to attenuate the excessive restrictions currently in place.

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File URL: http://eacc10.puc.cl/files/ABT/Contenidos/Vol-7-N1/Paredes.pdf
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Article provided by Escuela de Administracion. Pontificia Universidad Católica de Chile. in its journal ABANTE.

Volume (Year): 7 (2004)
Issue (Month): 1 ()
Pages: 67-102

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Handle: RePEc:pch:abante:v:7:y:2004:i:1:p:67-102
Contact details of provider: Web page: http://eacc10.puc.cl/RePEc/pch/

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  1. Pechmann, Cornelia & Ratneshwar, S, 1991. " The Use of Comparative Advertising for Brand Positioning: Association versus Differentiation," Journal of Consumer Research, University of Chicago Press, vol. 18(2), pages 145-60, September.
  2. Pechmann, Cornelia & Stewart, David W, 1990. " The Effects of Comparative Advertising on Attention, Memory, and Purchase Intentions," Journal of Consumer Research, University of Chicago Press, vol. 17(2), pages 180-91, September.
  3. Saïd Souam, 1997. "Optimal Antitrust Policy Under Different Regimes of Fines," Working Papers 97-37, Centre de Recherche en Economie et Statistique.
  4. Ghosal, Vivek & Gallo, Joseph, 2001. "The cyclical behavior of the Department of Justice's antitrust enforcement activity," International Journal of Industrial Organization, Elsevier, vol. 19(1-2), pages 27-54, January.
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