药品广告监管的法经济学分析.pdfVIP

ABSTRACT A LAW AND ECONOMIC ANALYSIS OF REGULATION ON PHARMACEUTICAL ADVERTISING ABSTRACT The advertising in itself is information. However, advertising could provide truthful information and even deceptive information to consumer, so is the advertising in pharmaceutical market. Recently, there are numerous of false advertising in this market, seriously disrupting the order of pharmaceutical advertising market, prejudicing the interests of consumer and preventing competitors from developing. The paper makes an analysis of this situation from the view of law and economics, indicating that the market failure has been caused by the asymmetrical information between the enterprise and information regulatory department, the enterprise and consumer, the enterprise and the advertising agent. The governmental intervention in the market shall be on the basis of market failure. Therefore, under such circumstances of pharmaceutical advertising market, the governmental intervention seems to be much more important. There are other remedies for market failure, such as self- remedies of market mechanism, private law remedies and so on. But these measures have disadvantages. Therefore, information regulation is a much more efficient way to market failure than the above mentioned, directly changing the asymmetrical information between the transaction subjects with the intervention of the public power. The paper discusses information regulation from the aspects of information disclosure and the control of deceptive information in the pharmaceutical market. The imperfect information between the enterprise and