Passing off is included in the non–exhaustive list of examples of unfair competition contained in Article 18(3) of the Competition Act. e. Your first step in an unfair competition lawsuit is contacting an experienced attorney who can defend your company.This type of unfair competition often includes product warranties, satisfaction guarantees, and other commercial policies. Bait and switch is another very common form of unfair competition. We return to this point later in this chapter. Unfair Competition claims are resolved in Federal Court. Frash,17 the court enjoined the defendant from using a rose-colored capsule. Newlands) (referencing examples apparently from Stevens). 197. Here's an example: Business A steals Business B's design for building a cell phone and uses that design to build a competing cell phone. Anti-competitive practices are business or government practices that prevent or reduce competition in a market.