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Restatement of Unfair Competition


"The term 'unfair competition' . . . describes an array of legal actions addressing methods of competition that improperly interfere with the legitimate commercial interests of other sellers in the marketplace." Foreword to Restatement of the Law (Third) of Unfair Competition at XI (Am. Law Inst. 1995).

Jenkins has access to the Restatement of the Law Unfair Competition in print, on the library's Westlaw computers, and on the member database HeinOnline. Use this guide to find out more about this Restatement and how to access it.

Restatement of the Law, Third: Unfair Competition was published in 1995 and is the first independent Restatement on the topic. It was previously covered in Restatement of the Law of Torts (1938). See Foreword to Restatement of the Law (Third) of Unfair Competition (1995) for more information about the decision to separate Unfair Competition from Torts.

Select case citation sources to the third series of Unfair Competition may include case citations to §§ 708-761 of the first series of Restatement of Torts. See the Finding Annotations page of this guide for more information about finding case citations.

For more information about the different Restatement series, see the About the Restatements Series & Drafting page of this guide.

"The Restatement of the Law of Unfair Competition, published in 1995, supersedes and replaces Chapters 34, 35, and 36 (§§ 708-761) of the original Restatement of Torts." Torts: Note to Restatement (Third) of Unfair Competition, at 1 (Supp. 2015).

For more information on superseded status, contact the American Law Institute.

To help researchers navigate between the different Restatement series, ALI includes "parallel tables", found before the index of most Restatement subjects. These tables show corresponding section numbers between two series of Restatements. Some parallel tables may connect section numbers of the final Restatement with one or more earlier drafts. When using these parallel tables to find where an older series (or draft) section is located in a newer series, be sure to check all volumes of the current series - the parallel tables may only point to the sections found in that particular volume. For more information about Parallel Tables, check out our blog post Using the Parallel Tables in the Restatements of the Law.

Parallel Tables found in the back of Restatement (Third) Unfair Competition show corresponding section numbers for Restatement (Third) Unfair Competition and Restatement of Torts (1938).