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Fundamentos Para La Regulacion De La Publicidad Comparativa



    () (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.

Suggested Citation

  • Ricardo Paredes M, 2004. "Fundamentos Para La Regulacion De La Publicidad Comparativa," Abante, Escuela de Administracion. Pontificia Universidad Católica de Chile., vol. 7(1), pages 67-102.
  • Handle: RePEc:pch:abante:v:7:y:2004:i:1:p:67-102

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    References listed on IDEAS

    1. Souam, Said, 2001. "Optimal antitrust policy under different regimes of fines," International Journal of Industrial Organization, Elsevier, vol. 19(1-2), pages 1-26, January.
    2. 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.
    3. Pechmann, Cornelia & Ratneshwar, S, 1991. " The Use of Comparative Advertising for Brand Positioning: Association versus Differentiation," Journal of Consumer Research, Oxford University Press, vol. 18(2), pages 145-160, September.
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    More about this item


    Comparative Advertising; Antitrust; Self Regulations; Chile;

    JEL classification:

    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L42 - Industrial Organization - - Antitrust Issues and Policies - - - Vertical Restraints; Resale Price Maintenance; Quantity Discounts


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