What is the doctrine of primary jurisdiction?

The doctrine of primary jurisdiction is an important legal concept in South Carolina’s unfair competition law. This doctrine governs how competing businesses and individuals interact in the marketplace. In South Carolina, there are state and federal laws that protect businesses and individuals from unfair competition. The doctrine of primary jurisdiction holds that in cases of unfair competition between two or more parties, the courts will generally defer to the agencies or organizations that are charged with regulating the particular field in question. For instance, if the unfair competition involves an activity that is regulated by the Federal Trade Commission (FTC), the courts will often refer the matter to the FTC for resolution before assuming jurisdiction over the case themselves. In South Carolina, the regulation of unfair competition may be handled by the Attorney General’s office, the state’s Department of Consumer Affairs, or other state agencies. These state agencies are responsible for enforcing the laws and investigating complaints. The doctrine of primary jurisdiction is an important concept to understand as it can help protect businesses and individuals from unfair competition. By deferring to the agencies and organizations that regulate the particular field in question, businesses and individuals can ensure that the law is applied in a fair and consistent manner.

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What is the doctrine of primary jurisdiction?

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