Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes UNFAIR COMPETITION Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes ozlem@dogerlihukuk.com

Unfair Competition Regulated Article 54-63 of NTCC

Definition are unfair and unlawful Article 54/2 of TCC Deceptive attitute/commercial practice OR attitute/commercial practice contrary to objective good faith BETWEEN Competitors OR supplier & customers are unfair and unlawful No need “negligence”

Unfair Competition Situations-Examples Samples can be find in Article 55/1 The list is not restirictive Examples: a) Advertisement & sales methods and other unlawful attitutes contrary to objective good faith b) To benefit others’ business products without permission c)To disclose production and business secrets unlawfully Usage of

Examples disparagement of a competitor; To give false information; To give wrong and deceptive knowledge about himself To use false title and occupational names To give rise to confusion To encourage the assistants to malpractice

Legal Consequences Legal Responsibility Declaratory Judgment Action Case of prevention Case related to elimination of the material situation derived from the unfair competition Action for damages(pecuniary/non-pecuniary damages) Publication of judgment Period for unfair competition case --- Article 60 of TCC One year ---- from the date of learning In any case Three year----- from the date of birth of right

PARTIES OF UNFAIR COMPETITION CASE Who can bring an action before court ? The aggrieved person OR Person who are in the risk of suffering ( owner of the competitor enterprise) Employees can not bring an action Partners & merber of the bord of directors can not bring an action in person Customers who suffered economically due to unfair comptetion Professional Association& Economic Unity, Institutions that protect Consumers’ Economic Interest, public organisations Ör. Chamber of Commerce

Liable Person Person who is liable due to unfair competition Person who competes in unfair manner If the unfair competition manner realized by the employees or workers during their work period, the person-(employer) who employed these workers/employees If the unfair competition realized through press, editor, executive editor, programmer, chief of bill, owner of the enterprise

CRIMINAL LIABILITY Depending on the complaint of the person who has the right to bring an action--------- punishment Example: The person who cheats the employees, representatives or other assistants for the purpose of obtaining confidential information/business secrets The person who gives wrong or deceptive information concerning personal status, products, commercial activities for the purpose of being prefered Unless otherwise is required more infamous crime İmprisonment up to two years and punitive fine If the unfair competition offence realized by legal person Punishment----bord members or partners who acts on behaf of the legal person