Review of law sciences
(2020) 130-139
14
31.
Boedecker, Karl A., Fred W. Morgan, and Linda Berns Wright. "The Evolution of
First Amendment Protection for Commercial Speech." Journal of Marketing 59, no. 1
(1995): 38-47. doi:10.2307/1252013. p.40.
32.
Content-based regulation addresses to evaluate and restrict the content of
advertising message. Non-content based regulation focuses on control the time, place and
manner of regulation on order to provide free flow of commercial information.
33.
Product-related standards are "uniqueness" (metaphoric use of superlatives such
"best", "first", "superior", "number one", "cheapest", "only"), "comparative merit" (product
differentiation based on superiority such "50 percent brighter", 20 per cent cheaper",
cleaner", "whiter"), "qualitative" (standardized and ad hoc assertion), and "quantitative"
standards (the vague quantitive descriptions such "giant size", "large family size", or
"economy size"). See: Alexander, George J. Honesty and Competition;: False-Advertising
Law and Policy under FTC Administration. 1st edition. Syracuse University Press, 1967.
p.80-99
34.
The consumer-oriented standard is called deception standard. The basis for the
deception standard, for the first time, was "the tendency to mislead substantial number of
consumers", later it was changed to "uninformed consumer" criterion, because it was
impossible to state what is substantial. See: Petty, Ross D. The Impact of Advertising Law
on Business and Public Policy. Westport, Conn. ; London: Praeger, 1992. p.50-51.
35.
The traditional model is described as political, formalistic, corporatist, or
autonomy-based view of competition. Elhauge, Einer, and Damien Geradin. Global
Competition
Law
and
Economics.
Hart,
2007.
http://www.law.harvard.edu/faculty/elhauge/pdf/Global_Competition_Law___Economics_
Prelim-1.pdf. p.3.
36.
The Effective Competition Model supports public benefits concerning advertising
by two general grounds: first, providing a system to scrutinize inappropriate or illegal
advertising, and second, to improve the quality of advertising message. See: Duns, John.
"Competition Law and Public Benefits." Adelaide Law Review, The 16, no. 2 (1994): 245.
p.265.
37.
In effect-based approach, the authority examines the economic effects of potentially
anti-competitive behaviour.
38.
The form-based approach requires the competition authority to check the legality
of anti-competitive behaviour. It means that the competition authority just check and do no
more than to look at the behaviour and decide inherently and intrinsically illegal. See:
Stanley, Martin. "Interesting Issues in Competition Policy/Economic Regulation."
Regulation Facts, Analysis and Comment, n.d.http://www.regulation.org.uk/competition-
interesting_issues.html.
39.
Commonwealth Independent States (CIS) is an association of sovereign states
formed in 1991 and comprising Russia and 11 other republics that were formerly part of
Soviet Union. The CIS countries are Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. See
Kembayev, Zhenis. Legal Aspects of the Regional Integration Processes in the Post-Soviet
Area. Springer Science & Business Media, 2009. 90-93.
40.
The CIS Agreement on Collaboration in the Field of Advertising Regulation
(Moscow, 2003) officially defines misleading advertising and requires harmonization of
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