How have courts interpreted the Unfair Practices Act?

California, United States of America


The following excerpt is from Kofsky v. Smart & Final Iris Co., 131 Cal.App.2d 530, 281 P.2d 5 (Cal. App. 1955):

[131 Cal.App.2d 532] In construing the Unfair Practices Act, in Wholesale Tobacco Dealers v. National Candy & Tobacco Co., 11 Cal.2d 634, at page 646, 82 P.2d 3, at page 10, 118 A.L.R. 486, the court says, 'That the prevention of monopolies and the fostering of free, open and fair competition and the prohibition of unfair trade practices is in the public welfare is obvious, and requires no further citation of authority.'

Again, 11 Cal.2d at page 663, 82 P.2d at page 19: 'The statute embodies the concept that sales made at a loss to the seller, when made for the purpose of injuring or destroying competition, are predatory and anti-social in character.' (See also People v. Centr-O-Mart, 34 Cal.2d 702, 704, 214 P.2d 378.)

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