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Unfair Trade Practices In Competition Law In Utah
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At its core, the Utah Unfair Competition Act is essential in protecting businesses from unfair or illegal competition. This law prohibits several types of agreements, including those that restrain trade and those that unlawfully interfere with a person's business interests.
Types of Unfair Trade Practices ① Refusal to Deal. ② Discriminatory Treatment. ③ Exclusion of a Competitor. ④ Unfair Solicitation of Customers. ⑤ Coercion of Transaction. ⑥ Abuse of Superior Bargaining Position. ⑦ Imposing Binding Conditional Trade. ⑧ Obstruction of Business Activities.
Utah's Unfair Practices Act was enacted to “safeguard the public against the creation or per- petuation of monopolies and to foster and encourage competition, by prohibiting unfair and discrimi- natory practices by which fair and honest competition is destroyed or prevented.”
Unfair trade practices include twisting facts, harsh treatment of workers, poor working and living conditions as well as not allowing workers to join labour unions. Work and exploitation People who are poor are often exploited in the trading system. When you are exploited, it means that someone treats you unfairly.
Unfair competition is conduct by a market participant which gains or seeks to gain an advantage over its rivals through misleading, deceptive, dishonest, fraudulent, coercive or unconscionable conduct in trade or commerce.
Two common examples of unfair competition are trademark infringement and misappropriation. The right to publicity is often invoked in misappropriation issues. Other practices that fall into the area of unfair competition include: False advertising.
The law describes “unfair competition” as any unlawful, unfair, or fraudulent business act or practice, or false, deceptive, or misleading advertising. To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice.
To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice. A plaintiff can take legal action within four years of discovering an illegal practice.
The essential elements of unfair competition are (1) confusing similarity in the general appearance of the goods; and (2) intent to deceive the public and defraud a competitor.
