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by way of press. The scope and the form of announcement is decided by
the court, however in practice, the announcement is made through a daily
newspaper.
One of the new aspects of the NCC regarding the legal actions is
the clear indication that these legal actions could be filed by customers
whose economic benefits are harmed or in danger. In addition, it is also
set forth that the first three legal actions indicated above can be filed
by the chambers, occupational associations and the non-governmental
organizations aiming to provide protection of consumers’ economic
benefits. So that the law, clearly indicates that these rules are not only set
forth for protection of competitors but also, prevent a narrow interpretation
by clearly stating that, those legal actions can be filed by the customers
and organizations as well as competitors.
Statute of Limitations
The above listed actions should be filed within one year from the date
that the act is informed by the plaintiff and in any way within three years
as of the occurrence of the act. Article 60 of the NCC also refers to the
Penal Code that in case of an act, which is also a crime as per the Penal
Code, then the statute of limitation set forth for this crime in the Penal
Code shall be applicable for the legal actions as well.
Conclusion
As it is easily understood from the sample cases above, while listing
unfair competition act by way of sampling, NCC increase the numbers
of the sample cases and also sets forth rules to provide protection for
consumers and public interest. This approach expands the applicable
area of the unfair competition rules. However, these rules shall not be
applied in a way to limit the competition in any market and shall not be
interpreted more widely. For this, the principle of bone fide which is the
core concept of these rules and the determination of the inconsistency
with the bona fide principle is very important.