The Competition Law Regulation Of Comparative Advertising

Highly developed commodity economy society, how to make the products standout, in addition to decorating the products uniquely, business operators can only relyon a set of successful marketing, so the marketing tools such as comparativeadvertising came into being. Comparative ad first appeared in the United States in the1930’s, now it is very popular countries in the Western developed countries, theprevalence in our country began in the1990’s.Businessmen make the unique merit oftheir products stand out by comparing with other products in comparative ad, as toincrease consumer’s perception of their products and make their products easier to beaccepted by consumers. Because of the comparison that make the comparative ad fullof aggressive.With the rapid development of China’s socialist market economy, the demand ofbusinessmen for comparative ad gets more and more strongly. However, the existinglegal of our country about comparative ad is not systematic and lack of operability. asthe result, businessmen don’t know how to use the comparative ad exactly, and theprocessing results of each disputes are not the same, it’s harmful to legal authority,Therefore, we must modify legal norms for comparative ad peremptorily. The authorthinks, our country can draw on advanced foreign experience in legislation and absorbit appropriately according to conditions in china. Intrinsically, comparative ad meansthe market competition, we should regulated it by Competition Law which is knownas “constitution of market economy”, so that, it can not only curb the unfair behaviorof illegal comparative ad effectively, also is conducive to strengthen theadministrative management of comparative ad, and it’s very conducive to the stableand rapid development of China socialist market economy.