What is the definition of unfair competition?

Unfair competition is a term used in commercial law to describe a variety of unfair business practices that may harm other businesses or consumers. In Kansas, the definition of unfair competition largely follows the Uniform Deceptive Trade Practices Act (UDTPA). The UDTPA prohibits a wide range of activities that has the potential to lead to competitive injury. Specifically, the UDTPA prevents businesses from using false or misleading advertising, making false or misleading representations about the quality of their goods, falsely disparaging the goods of another business, and misrepresenting the source of a product. Additionally, the UDTPA prohibits businesses from engaging in price discrimination or other anti-competitive practices, such as exclusive dealing or market division. Unfair competition is not limited to the activities listed in the UDTPA. Generally, any activity that is considered to be deceptive, anti-competitive, or that otherwise has the potential to harm consumers or other businesses may be considered to be unfair competition. As such, businesses must be aware of applicable laws when engaging in business activities and must avoid any activities that may be deemed to be unfair competition.

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