Fundamentos Para La Regulacion De La Publicidad Comparativa
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.
Volume (Year): 7 (2004)
Issue (Month): 1 ()
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