The Identification and Regulation of False Advertising Behaviors Under the Anti-unfair Competition Law -- the Case of Guangzhou Pharmaceutical Group V. Jiaduobao for False Advertising
Year: 2025
Type: article
Abstract: "False advertising" is one of the important illegal competitive acts regulated by China's Anti-Unfair Competition Law, and it is also a common malicious competitive act in practice and reality. Therefore, the criteria for determining "false advertising" have practical significance and research value. When determining whether a certain competitive act constitutes the improper competitive act of "false advertising", the commercial freedom of speech of the competing entities, the order of market competition and the demands of economic development should be comprehensively considered. Based on this, the Supreme People's Court of China has issued a guiding case: Guangzhou Wanglaoji Health Industry Co., Ltd. v. Jiaduobao (China) Beverage Co., Ltd. for false advertising dispute. This case not only provides a reference standard for judicial handling of similar false advertising disputes, but also can effectively guide market participants to conduct market competition activities in accordance with the principle of good faith. This article examines the case, explores the criteria for identifying and regulating false advertising behavior, and explores the balance and boundaries between restricting unfair competitive behavior and encouraging the free development of the market.
DOI: 10.61784/wjsl3022
Author: HongFei Yu
Institution: East China University of Political Science and Law
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411498199