What types of activities can constitute unfair competition?

Unfair competition includes any type of activity that harms a business or person’s ability to compete in the marketplace. In Ohio, activities which can be considered unfair competition include false advertising, selling products or services at below-cost prices, or even offering free items in order to gain a competitive advantage. Additionally, the use of false or misleading statements about a product or service, or the use of false or deceptive pricing to attract customers, can also be considered unfair competition. In some cases, a company may attempt to “steal” customers away from a competitor by undercharging for a product or service. This is commonly referred to as “price gouging.” Ohio law also considers any attempt to monopolize a market as unfair competition. This would include any attempt to create an undue concentration of market share in order to eliminate competition. In some cases, a business may attempt to gain an unfair advantage by misusing confidential information. This might include using secret customer information for its own gain, or using trade secrets to gain an upper hand in the marketplace. Additionally, in some cases, businesses may engage in deceptive or fraudulent behavior in order to deceive or even deceive potential customers. These activities are also considered unfair competition and are prohibited under Ohio law.

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