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About Business Torts and Unfair Competition Handbook, Third Edition
The years since publication of the second edition in 2006 have seen a significant evolution in the nature of the relationship between antitrust, business tort, and unfair competition law. Business Torts and Unfair Competition Handbook, Third Edition revises, updates, and greatly expands the second edition to serve as a practical guide to the substantive and procedural issues that arise at the intersection of antitrust and business tort and unfair competition law.
This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation. These chapters focus on the renewed usage in recent years of business torts as proof of exclusionary conduct supporting antitrust claims, as well as the invocation of the "competitive privilege" and the Noerr-Pennington doctrine in defense of business tort claims. The next two chapters survey the fields of unfair competition, commercial disparagement and defamation. Subsequent chapters examine the interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages, including constitutional, statutory, and common law limitations on such awards.
The second half of the book covers procedural issues, beginning with the threshold issues of subject matter jurisdiction, personal jurisdiction, and venue. It continues with a discussion of additional practical issues that often impact the choice of forum and then explores the frequently-litigated matters of removal and remand, which have seen significant statutory and caselaw developments in the years since the second edition. The volume concludes with an examination of the increasingly complex area of parallel and successive suits and issues that frequently arise in business tort cases under the Supremacy and Commerce Clauses of the United States Constitution.
Business Torts and Unfair Competition Handbook, Third Edition makes this developing and ever-changing area of law more accessible to antitrust and non-antitrust practitioners alike.