United States Competition Law with respect to Unfair Trade Practices

Inhaltsverzeichnis (Table of Contents)

• Preface
• 1. Sources of the law of unfair trade practices and historical development
• 1.1. Common law sources
• 1.2. Statutory, Constitutional and Treaty Sources
• 2. Improper Business Methods
• 2.1. Consumer protection issues
• 2.1.1. Deception and Consumer Protection
• 2.1.2. Special issues regarding deceptive practices and false advertising
• 2.2. Unfair business practices
• 2.2.1. Unfair trade practices in general
• 2.2.2. Special issues regarding unfair practices
• 2.2.3. Excursus: Industrial Espionage and Betrayal of Trade Secrets
• 3. Law enforcement
• 3.1. Federal Law Enforcement
• 3.1.1. The Federal Trade Commission
• 3.1.2. Private Actions under the Lanham Act
• 3.2. State Law Enforcement
• 4. Closing and Acknowledgements

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This bachelor thesis aims to provide a comprehensive overview of United States competition law, focusing on the area of unfair trade practices. The text guides the reader through the historical development, legal sources, and practical applications of this branch of law, culminating in a thorough understanding of the subject matter.

• Common Law Sources of Unfair Trade Practices
• Statutory, Constitutional, and Treaty Sources
• Deceptive Practices and Consumer Protection
• Unfair Business Practices
• Law Enforcement and Regulatory Bodies

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter examines the historical development and legal sources of unfair trade practices. It delves into the evolution of common law principles and explores how these principles have been codified in statutes, constitutional provisions, and international treaties. The chapter also explores the significance of judicial precedent in shaping the legal landscape of unfair trade practices.

The second chapter delves into the core of improper business methods, focusing on both consumer protection issues and unfair business practices. It discusses the various deceptive practices employed by companies, including false advertising, misleading claims, and deceptive product labeling. The chapter further investigates the range of unfair business practices, such as predatory pricing, market manipulation, and the misuse of trade secrets.

The third chapter sheds light on the mechanisms for law enforcement in the realm of unfair trade practices. It analyzes the role of the Federal Trade Commission (FTC) and its powers to investigate and prosecute companies engaging in unfair practices. The chapter also explores private actions under the Lanham Act, enabling individuals and businesses to seek legal remedies against infringing activities.

Schlüsselwörter (Keywords)

United States Competition Law, Unfair Trade Practices, Consumer Protection, Deceptive Practices, False Advertising, Unfair Business Practices, Predatory Pricing, Market Manipulation, Trade Secrets, Law Enforcement, Federal Trade Commission (FTC), Lanham Act.