e-book2011

NEWSLETTER 2011

Unfair Competition Provisions under New Turkish

Commercial Code

Att. Berna Aşık Zibel

Unfair competition provisions have been set forth under articles 54-

63 of the new Turkish Commercial Code numbered 6102 (“NCC”).

The currently in force, Turkish Commercial Code, numbered 6762

(“CC”) defines unfair competition as abuse of economic competition by

way of acts, which are misleading or violating the

bona fide

principle.

The definition in NCC also identifies the subjects between whom the

unfair competition cases take place. As per this definition, the acts or

commercial practices between competitors or providers and customers

which are misleading and violating the

bona fide

principle are unfair

and against the law. All cases fall under this scope shall be considered

as unfair competition. Imitation of another business’s products or other

trademarks, misleading advertisement for its own products, falsely

claim to have veritable qualifications they do not actually have or to

use misleading names and signs are cases of unfair competitions. The

purpose of these provisions of the law is identified as to ensure fair and

uncorrupted competition for the benefit of all the participants of the

market. As indicated both in the definition and the purpose, the NCC aims

to widen the implementation area of the unfair competition provisions

and to preclude the application only between competitors.

Cases of Unfair Competition

Article 55 of the NCC lists the cases of unfair competition under

six main titles. However, the unfair competition cases set forth under

this article are not

numerus clausus

. Analyzing the cases set forth under

the article, we see that list of acts which constitute unfair competition

expanded under the provision and as well as sample cases for the

protection of competitors, especially cases which are aiming to protect

the consumers and public interest are also set forth. Another new aspect

is that the article also sets forth acts, which covers use of unfair general

Article of November 2011