The UCL Practitioner
Tuesday, July 20, 2004
Spring 2004 issue of Competition
The Spring 2004 issue of Competition, the journal of the State Bar of California's Antitrust and Unfair Competition Law Section, is out.  It contains a number of interesting articles on the UCL and its cousin, the Cartwright Act.  One of the articles echoes my summary of the UCL's remedies posted here yesterday
Today it is clear that : (1) UCL restitution is available only to those with an ownership interest in money or property unlawfully taken, and not for non-restitutionary disgorgement, absent class certification; (2) cy pres or fluid recovery is unavailable in private representative actions under the UCL, although it is available in class actions involving the UCL (and perhaps in public actions); and (3) general damages are not recoverable under the UCL.
Greene & Papageorge, "California Antitrust and Unfair Competition Law Update," 13 Competition 55, 57 (2004).  (Many thanks to the chair of the Section for permission to link to this article.)  The Section also publishes a treatise entitled California Antitrust and Unfair Competition Law, which is now in its third edition and is quite good.
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