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.
These include: Performance enhancing drugs: When athletes turn to performance enhancing drugs such as steroids or human growth hormones, they gain an unfair advantage over others. Discrimination: Discrimination based race, gender, religion, ethnicity and other factors is illegal.
As a general rule, any act or practice carried out in the course of industrial or commercial activities contrary to honest practices constitutes an act of unfair competition; the decisive criterion being “contrary to honest practices”.
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.
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.
Example: A company that dominates a particular market may use its power to prevent other companies from entering the market or to force them out of business. This could be considered an unreasonable restraint of trade because it limits competition and may result in higher prices or lower quality products for consumers.
False Statements, Unfair Discrimination, and Unlawful Rebates are all considered unfair methods of competition and unfair or deceptive acts or practices. The U.S. antitrust laws are designed to prevent these kinds of practices, as they can significantly harm market competition and consumer choice.
What are the remedies? Remedies for unfair competition in California can include: Recovery of the plaintiff's actual economic damages; and/or. Court orders for injunctive relief or equitable relief to prohibit unfair practices.