UNFAIR COMPETITION

Competition within the free market environment may get escalated in some cases. Turkish Commercial Code regulates the circumstances between competitors and defines the conditions of unfair competition. The circumstances defined in the Law are set forth by use of analogy method. Unfair competition is an act that also requires criminal prosecution.

Primary circumstances mentioned in the Law are as below;

  • Aggressive sales methods against the good faith and other unlawful acts,
  • Manipulations towards breach or termination of the contract,
  • Making use of the work products of others without authorisation,
  • Disclosing production and commerce secrets unlawfully,
  • Not honouring in accordance with the work conditions set forth by law or contract,
  • Utilising conditions of process disobeying the good fatih.

Unfair competition is an act that may emerge not solely due to competitors in the market but also due to the employees. Thus, it is important that necessary regulations are made in regards to the contracts to be made with the employees.

Legal actions for;

  • Determination of infringement
  • Prohibition of infringement
  • Prevention of infringement
  • Pecuniary damages
  • Non-pecuniary damages

may be seeked against unfair competition.