COMPETITION LAW

COMPETITION LAW

Unfair competition provisions are regulated in Articles 54-63 of the Turkish Commercial Code No. 6102. The Turkish Commercial Code No. 6762, which is currently in force, defines unfair competition as the misuse of economic competition in deceptive acts or other forms contrary to the rules of honesty. The relevant legislation has also clarified who can commit unfair competition acts. Accordingly, deceptive and dishonest behavior and commercial practices affecting the relationships between competitors or suppliers and customers are unfair and unlawful. Any act falling within this scope will constitute unfair competition. Imitation of products belonging to another business, imitation of competitor brands, making deceptive advertisements regarding the quality of one's own products, using deceptive names and signs by presenting as if the products or business have qualities that they do not have, and other acts constitute unfair competition. The purpose of the regulations in the law is stated as ensuring honest and undistorted competition for the benefit of all participants in the market.

UNFAIR COMPETITION CASES

Article 55 of the TCC lists unfair competition cases under six main headings. However, the cases specified in the article are not exhaustive. When we look at the cases specified in the article, we see that there are examples that aim to protect consumers and public interests, not just competitors. The unfair competition cases listed in the article are briefly stated below:

1. Behaviors and Practices Contrary to the Rule of Honesty:

Disparaging someone else's business, business products or activities in a false or misleading manner,

Making false or misleading statements about one's own business, business products or activities,

Trying to create the impression that one has received a rank, diploma or award or using misleading professional names and symbols,

Causing confusion with someone else's business products or activities,

Disparaging oneself, business products or prices in a false, misleading manner, unnecessarily disparaging one's competitor or taking advantage of his/her reputation; comparing with others, business products or prices,

Selling products below the supply price to mislead customers about their own or their competitors' capabilities;

Misleading customers about the real value of the product by offering additional performances,

Limiting the customer's freedom of decision-making with aggressive sales methods,

Hiding the characteristics, quantity, intended uses, benefits or dangers of business products or activities and misleading the customer in this way,

Not stating the title clearly in advertisements regarding installment sales or similar legal transactions and not providing price or cost information clearly,

Not stating the title clearly in advertisements regarding consumer loans or not making clear statements regarding the net amounts, total expenses, effective annual interests of the loans,

Using contract formulas containing incomplete or incorrect information regarding the subject, price, payment terms, contract period, and certain rights of the customer in installment sales or consumer loan contracts.

2. Behaviors and Practices Leading to Breach or Termination of the Contract:

In order to make a contract with customers, directing them to act contrary to the contracts they have made with others,

Trying to gain benefits for oneself or others by offering unfair advantages to the workers, representatives and other assistants of third parties,

Instructing workers, representatives or other assistants to disclose or seize production and business secrets,

In order to make a contract, directing a person who has made an installment sale, advance sale or consumer credit contract to withdraw from this contract or terminate the contract.

3. Unauthorized Utilization of Others' Work Products:

Utilizing a work product such as a proposal, account or plan entrusted to him/her without authorization,

Utilizing a work product such as a proposal, account or plan belonging to third parties without authorization,

Taking advantage of the work products of someone else that are ready for marketing by taking over them through technical reproduction methods.

Unlawfully Disclose Production and Business Secrets

Failure to Comply with Business Terms

Using Transaction Terms Contrary to the Rule of Honesty

Using previously written general transaction terms that significantly deviate from the legal regulation to be applied directly or through interpretation or that foresee a distribution of rights and obligations significantly contrary to the nature of the Contract.

Lawsuits That Can Be Filed in Case of Unfair Competition

Article 56 of the TCC specifies the lawsuits that can be filed in the event of the existence of unfair competition. These lawsuits are as follows:

1. Determination Suit: A determination suit is a suit aimed solely at determining the situation of unfair competition. This lawsuit is foreseen for situations where even the determination of unfair competition may be sufficient.

2. Unfair Competition Prevention Suit: This lawsuit aims to put an end to an existing unfair competition act. This lawsuit is aimed at preventing ongoing unfair competition