Ellis & Winters

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. I’ve attached my slides here. I’ve also embedded them below.

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. Here’s a link to that article.