ERDEM-NEWSLETTER-2018-metin

51 COMMERCIAL LAW Reputation Not each group of companies is subject to this provision. A group of companies that created trust with society or consumers are within such scope. Such evaluation should be conducted separately for each separate case 2 . The basis of orientation of the society and, in particu- lar, orientation of the consumer, as well as increase of the market share of the affiliated company, is the trust and confidence that the company that is a member to such group of companies to act fairly, the informa- tion and tables and documents announced reflects the truth, the tech- nology used is sufficient, and the quality is superior and everything is as it should be 3 . Such reputation should be deemed established in the event that the group of companies is perceived reliable and qualified, an opinion that the products of the group of companies are highly qualified, as well, the undertakings are fulfilled, the financial situation of the com- pany is stable, and the statements are authentic and reflect reality 4 . Usage Affiliated companies grant commercial benefit and customers through giving the name of their group of companies they are mem- bers of. The use of reputation is determined by established facts. The use of the name or logo of the group company is not required for us- age. In the event that the standard provided by the affiliated companies does not match the parent’s or group of companies’ reputation, the parent company should be liable for the harmful consequences 5 . For this reason, the essential condition of liability is “use of reputation”. In the event where the reputation is not benefitted from, “belonging” to the groups of companies does not cause liability 6 . dspace.marmara.edu.tr/bitstream/handle/11424/2103/5000001563-5000000615- PB.pdf?sequence=1 (Access date: 07.05.2018). 2 Preamble of TCC, p.143-144, https://www.tbmm.gov.tr/sirasayi/donem23/yil01/ ss96.pdf (Access date: 07.05.2018.) 3 Preamble, p.143-144. 4 Karahan, Sami : Şirketler Hukuku, 1. ed, p. 154. 5 Pulaşlı, Hasan : Şirketler Hukuku Şerhi, V. I, Ankara, 2011, p. 322. 6 Preamble, p.143-144.