What are the elements of an unlawful act of unfair competition?

In New Jersey, an unlawful act of unfair competition is when a person or business competes unfairly with another. In order for a violation to be considered an unlawful act of unfair competition, four elements must be present. The first element is a restriction on trade. This means that the person or business is engaged in a practice that is not in the best interest of competition. This could mean, for example, that they are engaging in anticompetitive practices such as price fixing, bid rigging, or exclusionary conduct. The second element is the intent to harm another person or business. This means that a person or business has intentionally engaged in an act that harms the economic interests of another, either directly or indirectly. The third element is injury to the person or business affected. This element requires that the person or business harmed by the unfair competition act has suffered some form of economic or reputational injury as a result. The fourth element is causation. This requires that the act of unfair competition directly caused the injury suffered by the affected person or business. This means that the person or business who engaged in the unfair competition has caused the injury to the other person or business. These four elements must be present in order for an act of unfair competition to be considered unlawful in New Jersey. When engaged in any form of competition, it is important to be aware of the laws surrounding unfair competition and to ensure that any practices are fair and in the best interest of competition.

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What are the elements of an unlawful act of unfair competition?

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