What is the definition of “unfair trade practices”?

Unfair trade practices are practices which are considered to be deceptive or otherwise anti-competitive in nature and which are generally prohibited by law. In Massachusetts, unfair trade practices are defined by the Massachusetts Unfair Trade Practices Act. Under this Act, unfair trade practices are any act or practice which (a) violates public policy; (b) is unconscionable; (c) constitutes a breach of good faith or a breach of fiduciary obligation; or (d) uses deceptive, fraudulent, or unfair methods of competition. Examples of unfair trade practices may include: misrepresenting the characteristics or qualities of goods or services; preventing access to markets, such as through tying contracts; price discrimination or fixing; false advertising; failing to disclose information regarding goods or services; refusal to deal; or using deceptive or misleading packaging or labeling. The purpose of the law is to protect businesses and consumers from anti-competitive conduct and other fraudulent or deceptive practices. Further, the law seeks to preserve the integrity of the free market system and promote fair competition.

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