What are the legally recognized types of unfair competition?
In Texas, there are three primary types of unfair competition that are legally recognized. The first is deceptive trade practices. This includes making false or misleading statements about a product or service, making false promises about how a product or service will perform, and using bait-and-switch tactics to deceive customers. The second type of unfair competition is anti-competitive practices. This includes activities such as setting prices below market value, engaging in predatory pricing, or engaging in tying agreements with customers. The third type of unfair competition is trademark infringement. This includes using another company’s trademark, name, or logo in an effort to create confusion among customers. These types of unfair competition can result in legal action against the company engaging in such practices. In addition to civil liability, companies engaging in unfair competition can be subject to criminal penalties such as fines and jail time. In Texas, the Texas Deceptive Trade Practices Act provides remedies to consumers who have been victims of deceptive trade practices, and the Texas Free Enterprise and Antitrust Act prohibits anti-competitive practices. Companies can also be held responsible under the federal Lanham Act for trademark infringement.
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