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California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said August 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

FTC “Enforcement Principles” for Section 5 of the FTC Act: Is Something Better Than Nothing?

by James L. McGinnis For many years, antitrust practitioners have struggled to understand exactly how the FTC will analyze and enforce Section 5’s prohibition of “unfair methods of competition.” Counseling clients has been challenging. In a short one-page release on August 13, 2015...

Cross Subsidization For “Purpose” of Enhanced Grocery Sales Through Below Cost Gasoline Discounts Found Not to Violate California Unfair Practices Act

by Don T. Hibner, Jr. Injury to competing retail fuel stations is non-actionable where market conditions demonstrate that an “incipient antitrust violation” is not imminent. Dixon Gas Club LLC v. Safeway Inc. , Case No. A139283 (Court of Appeal 1 st Dist. July 20, 2015) (not for publication...