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Comparative Advertising in Turkish Law*
Att. Leyla Orak Celikboya
Introduction
The Law on Consumer Protection No. 65021 (“LCP”) entered into
force on 28 May 2014 abrogating the former Law on Consumer
Protection No. 4077 (“fLCP”). This amendment aiming to ensure
coherence with European Union legislation, and at enhancing the pro-
tection of the consumer2, and the secondary legislation enacted under
the LCP introduces important novelties.
One of the matters among these novelties that requires assessment
is comparative advertising. Art. 61 LCP provides for a general
framework governing comparative advertising. The Regulation
governing Commercial Advertising and Unfair Commercial Practices3
(“Regulation”) provides detailed regulation on the subject that is gen-
erally stipulated in Art. 61 et seq. LCP.
Nevertheless, comparative advertising relates not only to consumer
protection and consumer law, but also to unfair competition4 and the
protection of competitors’ rights. This months’ Newsletter article
assesses comparative publication under Turkish Law with a prepon-
derant view to the LCP, and to the Regulation.
* Article of January 2015
1 Published in the Official Gazette (“OG”) dated 28 November 2013 and No. 28835, and entered
into force six months after its publication.
2 Draft Law on Consumer Protection, General Legislative Justification (“Justification”),
(accessed on 29 January 2015), p. 33 et seq.
3 Published in the OG of 10 January 2015 and No. 29232. Other than Art. 8 which will enter into
force one year following its publication, the Regulation entered into force through publication.
4 See Newsletter article on unfair competition Berna Aşık Zibel, Unfair Competition Provisions
Under New Turkish Commercial Code, November, 2011,
cles/unfair-competition-provisions-under-new-turkish-commercial-code/ (accessed on 29
January 2015).