What is the definition of unfair competition?
Unfair competition is a type of law that applies to businesses and prohibits certain types of activities. It is illegal for businesses to engage in activities that undermine fair competition and drive away customers from their competitors. Unfair competition can include false advertising, bait and switch tactics, trade secrets theft, and other deceptive or anti-competitive practices. In Arizona, unfair competition is addressed under the Arizona Consumer Fraud Act (ACFA) which prohibits unfair or deceptive acts that affect commerce in the state. The ACFA makes it a criminal offense to use any fraud, false pretense, false promise, misrepresentation, or other deceptive practice to induce a person to enter into any transaction. The ACFA also prohibits false advertising, defined as any misrepresentation or statement in any advertisement, label, or other printed material that might be likely to mislead customers about the quality or characteristics of an item being sold. In addition to the ACFA, Arizona also has the Arizona Antitrust Act which limits certain types of anti-competitive conduct by businesses. The Act prohibits any combination or agreement between two or more persons that restricts competition or causes any unfair advantage. It also makes it a criminal offense to attempt to monopolize a specific market through anti-competitive practices such as using predatory pricing to drive out competitors.
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