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Restrictive Trade Practices With Examples In Utah
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Unfair competition laws address a bundle of civil wrongs such as inducing breach of contract, interference with economic relations/interests, trademark infringement, passing off, misappropriation, and defamation in the course of business.
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.”
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.”
For example, in the construction industry, it is a trade practice to use certain specifications for the size, thickness, and quality of building materials. These specifications are commonly accepted and used by all businesses in the industry, ensuring consistency and quality in the final product.
(4) (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that: (i) (A) is unlawful, unfair, or fraudulent; and (B) leads to a material diminution in value of intellectual property; and (ii) is one of the following: (A) malicious cyber activity; (B) infringement ...
Any deceptive act or practice in the course of trade that causes, or is likely to cause, confusion with respect to another person or his activities, in particular with regard to the products or services offered by such person, shall constitute an act of unfair competition.
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.
: a method of competition, operating policy (as the use of standards of size, shape, and quality of materials), or business procedure common to members of a line of business or industry that may be formally adopted sometimes as a rule under government auspices.