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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.