Advanced Topics Under Section 75-1.1


Last year, I spoke on section 75-1.1 at a CLE program sponsored by the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association.

In the presentation, I addressed three perennially unsettled topics under section 75-1.1:

- the meaning of unfairness (as compared with deception)

- per se violations, where a violation of another source of law, even one that has no private right of action, is treated as a violation of section 75-1.1, and

- choice of law in unfair-trade-practices cases.

Note especially slides 36-39, where I address a murky subject: when section 75-1.1 claims can be barred for having extraterritorial effects. I’ll discuss this subject in a future post.

The first section of the presentation summarizes Kip Nelson’s and my North Carolina Law Review article on the unfairness doctrine.

Please see full presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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