What types of activities can constitute unfair competition?

Unfair competition laws in South Dakota are designed to protect businesses, consumers, and the free-market system. Unfair competition is defined as any type of activity that causes or is likely to cause harm to another business or consumer. Specific examples of activities that can constitute unfair competition include: 1. False advertising and deceptive marketing: False and misleading advertising, as well as deceptive marketing practices, are prohibited. This includes false or misleading statements about a product or service, or false claims of superiority over a competitor’s product or service. 2. Use of stolen or copied materials: Businesses are not allowed to use stolen or copies materials such as logos, slogans, and other copyrighted works. 3. Exclusive dealing agreements: Exclusive dealing agreements are agreements between two or more businesses that limit customers from purchasing products or services from competitors. 4. Misappropriation of trade secrets: Trade secrets refer to information that a business has developed or acquired that gives it a competitive advantage in the market. Misappropriation of trade secrets occurs when a business wrongfully obtains a trade secret from another business. 5. Anti-competitive practices: This refers to practices that make it difficult or impossible for other businesses to compete. Examples include “predatory pricing”, tying agreements, and price-fixing. By adhering to these laws, businesses are able to compete without fear of unfair competition. This helps to ensure a fair and competitive market, which benefits consumers and businesses alike.

What types of activities can constitute unfair competition?

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