What is an unfair competition trial like?
An unfair competition trial in Arizona is a legal process in which an individual or business entity is accused of engaging in unfair competition. Unfair competition is usually defined as an attempt to gain an advantage in the marketplace through dishonest, deceptive, or anti-competitive practices. It is a civil trial and therefore, unlike criminal trials, the accused does not face any potential penalties, such as jail time. An unfair competition trial can vary significantly depending on the specifics of the allegations. Generally speaking however, they will usually begin with the plaintiff (the party filing the lawsuit) presenting their case to a judge or jury. This could involve witnesses, evidence, and testimony about the alleged conduct. The defendant then has an opportunity to respond to the plaintiff’s allegations. Once all of the evidence and testimony has been presented, the judge or jury will make their decision. If the plaintiff is found to have engaged in unfair competition, the judge or jury may order the defendant to pay damages, disgorgement, or other monetary relief to the plaintiff. In Arizona, trials related to unfair competition are generally managed by the local Superior Court. Depending on the county, cases may be heard in district courts, probate court, or justice court if the amount at issue is below a certain threshold.
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