Unfair competition in commercial law can refer to any of various distinct areas of law which may give rise to distinct criminal offences and civil causes of action:

• Matters pertaining to antitrust law, known in the European Union as competition law.
• Unfair business practices such as fraud, misrepresentation, tortious interference, and unconscionable contracts and business practices. In the European Union, each member state must regulate unfair business practices in accordance with the principles laid down in the Unfair Commercial Practices Directive, subject to transitional periods.
• Trademark infringement and passing off. In the United States, this form of unfair competition is governed by the Lanham Act.
• Misappropriation of trade secrets. In the United States, this type of activity is forbidden by the Uniform Trade Secrets Act and the Economic Espionage Act of 1996.

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