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Prohibitions on False and Unsubstantiated Claims: Inducing the Acquisition and Revelation of Information through Competition Policy

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  • Kenneth S. Corts

Abstract

This paper explores the differences between policies prohibiting false claims about product quality and policies requiring adequate prior testing to substantiate specific claims of quality. It develops a model in which firms have private information about their type--represented by their probability of having a high-quality product--and can acquire additional private information about their product quality through costly testing and learning. Penalties for false claims and for unsubstantiated claims create an opportunity for firms to credibly reveal their information and for signaling to emerge in equilibrium. I show that the two kinds of penalties affect the possibility of signaling in different ways and that the mandatory substantiation requirement in many circumstances improves buyer information and social welfare beyond what is achieved by a ban on false claims alone.

Suggested Citation

  • Kenneth S. Corts, 2013. "Prohibitions on False and Unsubstantiated Claims: Inducing the Acquisition and Revelation of Information through Competition Policy," Journal of Law and Economics, University of Chicago Press, vol. 56(2), pages 453-486.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/668835
    DOI: 10.1086/668835
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    Cited by:

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    3. Yue Wu & Esther Gal-Or & Tansev Geylani, 2022. "Regulating Native Advertising," Management Science, INFORMS, vol. 68(11), pages 8045-8061, November.
    4. Kemal Kıvanç Aköz & Cemal Eren Arbatli & Levent Celik, 2020. "Manipulation Through Biased Product Reviews," Journal of Industrial Economics, Wiley Blackwell, vol. 68(4), pages 591-639, December.
    5. Yue Wu & Tansev Geylani, 2020. "Regulating Deceptive Advertising: False Claims and Skeptical Consumers," Marketing Science, INFORMS, vol. 39(4), pages 788-806, July.
    6. Aldo Pignataro, 2019. "The effects of loss aversion on deceptive advertising policies," Theory and Decision, Springer, vol. 87(4), pages 451-472, November.
    7. Chen Jin & Luyi Yang & Kartik Hosanagar, 2023. "To Brush or Not to Brush: Product Rankings, Consumer Search, and Fake Orders," Information Systems Research, INFORMS, vol. 34(2), pages 532-552, June.
    8. Corts, Kenneth S., 2014. "The social value of information on product quality," Economics Letters, Elsevier, vol. 122(2), pages 140-143.
    9. Zhengkai Wang & Debing Ni & Kaiming Zheng, 2022. "The Role of False-Claims Ban Regulation in Greenwashing of Firms with Imprecise Greenness Information," Sustainability, MDPI, vol. 14(20), pages 1-25, October.
    10. Baumann, Florian & Rasch, Alexander, 2017. "Injunctions against false advertising," VfS Annual Conference 2017 (Vienna): Alternative Structures for Money and Banking 168142, Verein für Socialpolitik / German Economic Association.
    11. Salvatore Piccolo & Piero Tedeschi & Giovanni Ursino, 2015. "How limiting deceptive practices harms consumers," RAND Journal of Economics, RAND Corporation, vol. 46(3), pages 611-624, September.
    12. Mikhail Drugov & Marta Troya‐Martinez, 2019. "Vague lies and lax standards of proof: On the law and economics of advice," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 28(2), pages 298-315, April.
    13. Florian Baumann & Alexander Rasch, 2020. "Exposing false advertising," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 53(3), pages 1211-1245, August.
    14. Chen Jin & Luyi Yang & Kartik Hosanagar, 2019. "To Brush or Not to Brush: Product Rankings, Customer Search, and Fake Orders," Working Papers 19-02, NET Institute.

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