ABC INTERNAT. TRADERS v. MATSUSHITA ELECTRIC CORP.

Docket No. S051417.

14 Cal.4th 1247 (1997)

ABC INTERNATIONAL TRADERS, INC., Plaintiff and Appellant, v. MATSUSHITA ELECTRIC CORPORATION OF AMERICA, Defendant and Respondent.

Supreme Court of California.

February 27, 1997.


Attorney(s) appearing for the Case

COUNSEL

Blecher & Collins, Maxwell M. Blecher, John E. Andrews and James Robert Noblin for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Herschel T. Elkins and Thomas Greene, Assistant Attorneys General, Ronald A. Reiter, Deputy Attorney General, Gil Garcetti, District Attorney (Los Angeles), Thomas A. Papageorge, Deputy Distirct Attorney, and Daniel Berko as Amici Curiae on behalf of Plaintiff and Appellant.

David B. Bloom, James E. Adler, Golenbock, Eiseman, Assor & Bell and Martin S. Hyman for Defendant and Respondent.


OPINION

WERDEGAR, J.

Business and Professions Code section 17045,1 part of California's Unfair Practices Act (hereafter the UPA; see § 17000), prohibits a seller from secretly allowing a purchaser special "unearned discounts" that injure "a competitor" and tend to destroy "competition." The question before us is whether the competition referred to is limited to competition among sellers of the particular...

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