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Unfair Competition

Unfair Competition: Righting Wrongs

If you’re in business, chances are you’ve experienced unfair marketing tactics by one or more of your competitors. Such tactics may include false or misleading advertising or representations concerning the nature or quality of the competitor’s products or services. Or, they may consist of false or misleading statements about what you sell.
You need not stand by while your competition engages in such underhanded tactics.

Antitrust “market allocation” claims against nation’s two biggest grocery wholesalers survive summary judgment

In In re: Wholesale Grocery Products Antitrust Litigation, No. 13-1297 (May 21, 2014), the Eighth Circuit allowed an antitrust case brought by a small town, family owned grocery store in Iowa, D&G, Inc.,[1] to continue against the nation’s two largest wholesale distributors, SuperValu, Inc. and C&S Wholesale Grocers, Inc., finding disputed facts prevented summary judgment.

Ninth Circuit denies class certification to a putative class of retail customers who rented tools from Home Depot, finding each member would have to demonstrate they were exposed to misleading information during the transaction

The Ninth Circuit recently denied class certification to a putative class of individuals who rented tools from Home Depot stores in California.  In Berger, et al v. The Home Depot, Inc., No. 11-55592, February 3, 2014, the named plaintiff alleged that Home Depot automatically imposed a ten percent surcharge for a damage waiver on tool rentals in its California stores and failed to inform its customers that the surcharge was optional and could be declined.  The plaintiff alleged various causes of action against Home Depot, including a claim for unfair competition. 

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