The UCL Practitioner
Tuesday, January 25, 2005
Latest issue of Competition
The Fall 2004/Winter 2005 issue of Competition, the journal of the State Bar's Antitrust and Unfair Competition Law Section, is now out. The new issue includes an article entitled "What is 'Unfair'? Developments in 17200 Law After Cel-Tech [Communications, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal.4th 163 (1999)]." The article is quite interesting, and addresses whether the pre- or post-Cel-Tech formulation of "unfair" applies to consumer actions. Because the Cel-Tech court expressly declined to decide that question (id. at 187 n.12), the appellate courts have been struggling with it ever since. The article emphasizes a few recent cases in which the courts have concluded that a modified Cel-Tech formulation of "unfair" should apply in consumer actions. In quite a few other cases, however, the courts have declined to import the Cel-Tech formulation into the consumer arena. In addition to those cited in the article, see Searle v. Wyndham Int’l, Inc., 102 Cal.App.4th 1327, 1334 (2002); Gafcon, Inc. v. Ponsor & Assoc., 98 Cal.App.4th 1388, 1425 n.15 (2002); Smith v. State Farm Mut. Auto. Ins. Co., 93 Cal.App.4th 700, 718 n.23 (2001); People ex rel. Renne v. Servantes, 86 Cal.App.4th 1081, 1095 (2001); South Bay Chevrolet v. General Motors Acceptance Corp., 72 Cal.App.4th 861, 886-87 & n.24 (1999).
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