As we’ve discussed before, N.C. Gen. Stat. § 75-1.1 does not apply to securities transactions. Courts have held that disputes involving securities transactions are not “in or affecting commerce” under the statute. The securities exemption was born in Skinner v. E.F. Hutton & Co. In HAJMM Co. v. House of Raeford […]
North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, Inc. Thanks […]
Today’s post examines an intersection of two familiar topics: (1) the “conduct standards” by which conduct is judged to be “unfair,” and (2) the “pervasively regulated conduct” rationale for section 75-1.1’s securities exemption. Robichaud v. Engage2Excel, Inc., a new decision from the U.S. District Court for the Western District of […]
This post studies an interesting question in competition law: can a local government be sued for money damages based on a federal antitrust violation? The answer is “no,” according to a recent decision from a federal court in Charlotte. Benitez v. Charlotte-Mecklenburg Hospital Authority is one of several high-profile antitrust cases […]