商場如戰場，事業存在激烈的競爭。為了打倒競爭對手無所不用其極，陳述或散布損害他人營業名譽之不實消息，以達到打倒對手之目的，為常見之手段。此種行為有害交易秩序，妨害正常之公平競爭，故公平交易法明文禁止營業排謗。此外，為了保護個人的社會聲望，刑法也不許排謗攻擊他人。因為一個誹謗行為可能侵害競爭對手的信譽，也同時侵害競爭對手的負責人；此種想像競合現象只論以一罪，即依照公平交易法第22條處罰。本文先分析各國相關規定及我國公平交易法第22條之規範內容，再說明刑法「講謗罪」的相關規定，並澄清公平交易法與刑法問之法律競合關係。

Competition in the field of business can be as fierce as that in war; not surprisingly then that tostrike their business opponents down by damaging their business reputation, some competitors often go to the extreme in every measure, such as by making or disseminating false statements. In light of the damage caused by such actions to business transactions, by formal decree, the Fair Trade Law of Taiwan prohibits any such kind of action. This essay first reviews the regulations concerning business defamation that exist in individual countries, and through case studies, it also explores the legislative purpose, statutory components, and the legal sanctions of the Fair Trade Law, Article 22. Equally important, in Taiwan, as in other countries, in order to protect the social reputation of a person, defamation is treated as a criminal offense. Because these actions not only damage the credibility of business opponents, but also work to undermine the credibility of the person in charge of a targeted enterprise, the Fair Trade Law, Article 22 imposes penalties for business defamation. In addition to discussing the contents of relevant regulations in some selected countries as well as the contents of the Fair Trade Law, Article 22, this essay explores the defamation regulations in the Criminal Law of Taiwan, thus shedding light on the relationship between the Fair Trade Law and Criminal Law.