Federal And State Unfair Competition


Unfair Competition

Mulcahy LLP provides clients with pre-litigation preventive and enforcement advice relating to Section 43(a) of the Lanham Act and similar state and federal unfair competition laws. We also have brought, defended and tried numerous actions under these unfair competition laws on behalf of clients in the franchise, consumer products, automotive, food and beverage, beer distribution, business services, and other industries.

We are well versed in common law unfair competition, as well as federal and state statutory unfair competition laws. In particular, we have an extensive working knowledge of the scope and nature of California’s antitrust law and Section 17200 of the California Business and Professions Code. We successfully have represented many clients in cases involving California’s three-pronged statutory antitrust law, which includes the Cartwright Act, the Unfair Practices Act and the ubiquitous Unfair Competition Law, as well as various statutory restrictions on covenants not to compete.

Among other areas, we provide litigation and counseling services in the areas of price fixing, territorial and customer restrictions, exclusive dealing and tying arrangements, group boycotts and refusals to deal, below cost pricing and price discrimination, and Little FTC deceptive trade practices statutes. Our successful Unfair Competition practice stems from our ability to handle complex commercial litigation at all stages of a case, from a motion to dismiss through discovery to trial.



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