Abstract

DE LA MAZA GAZMURI, ÍÑIGO ANDRÉS  and  LOPEZ DIAZ, PATRICIA VERÓNICA. Fair Comparison: The Truthfulness and Demonstrability of the Advertising Message under Chilean Law. Rev. Derecho Privado [online]. 2023, n.44, pp.145-176.  Epub Feb 04, 2023. ISSN 0123-4366.  https://doi.org/10.18601/01234366.44.06.

This paper intends to answer a question about comparative advertising in the Chilean Unfair Competition Act (Law n.° 20169) are veracity and demonstrability requirements of loyal comparative advertising? Apparently so it goes from its article 4.° letter e). However, a closer look, based on the dogmatic method and the empirical analysis, shows that, in at least two cases, this is not the case, it is not necessarily so.

Keywords : Comparative advertising; unfair competition; consumer protection; protection of competitors; duty of correction.

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