1. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversitesi Lecture Notes
UNFAIR COMPETITION
Dr. Özlem Döğerlioğlu IŞIKSUNGUR
Yaşar Üniversitesi
Lecture Notes

2. Unfair Competition
Regulated Article of NTCC

3. 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”

4. 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

6. 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

7. 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

8. 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

9. 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

10. 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