§ 26 United States of America (Unfair Competition Survey)

Abstract

This book chapter is a survey of United States unfair competition law. In the international context, the scope and organization of unfair competition varies across countries. For example, in many jurisdictions, especially civil law jurisdictions, unfair competition excludes trademarks, includes consumer protection, and typically flows from general principles that are often prescribed by treaty. This chapter shows that United States unfair competition law does not easily fit the paradigm of a comprehensive area of law. Largely due to the dual sovereignty of state and federal law, United States unfair competition and consumer protection laws are found in disparate and seemingly unconnected sources of law. Moreover, United States law is less influenced by treaties because of the presumption, in United States law, that treaties are not self-executing but require implementing legislation. As a result, the law of unfair competition and consumer protection in the United States is a patchwork of laws that are enforced through a variety of administrative and judicial actions.

Keywords: unfair competition, consumer protection, United States