Unfair Competition and False Advertising

As traditional antitrust remedies for private litigants have steadily decreased, plaintiffs are turning more frequently to alternative legal regimes and forums to resolve competition disputes. The most significant of these involve state and federal unfair competition statutes (e.g., Section 5 of the FTC Act) and false advertising and related “false marking” cases under the Lanham Act.

At Troutman Sanders, we have extensive experience in these newer arenas. Our antitrust professionals write articles and counsel clients on competition litigation, having participated in scores of state unfair competition law (UCL) class actions, including those initiated under the California Unfair Competition Law. As more and different legal regimes affect our clients’ competitive positioning, Troutman Sanders understands that antitrust litigation is just “competition by another name.”

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