Competition Law

 

TTK MD. 54 What is Unfair Competition?

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Turkish Commercial Code No. 6102no art. unfair competition pursuant to 54; is to provide an honest and undistorted competitive environment in order to ensure the interests of all participating parties. TTK art. According to the provisions of 54/f.2, all kinds of deceptive and dishonest transactions, behaviors and practices that may occur between competing competitors or between suppliers and customers are against the law and are evaluated within the framework of unfair competition.

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Therefore, within the scope of TCC 54, unfair competition aims to create a competitive environment in accordance with the rule of good faith and to protect the interests of undertakings subjected to unfair competition. In addition, the scope of unfair competition has been broadened with the expression “all participants” in TCC 54/f.1 by keeping the scope of unfair competition broader by including not only the relations between competitors but also other activities and practices such as the relationship between the consumer and the supplier.

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What are the Conditions of Unfair Competition?

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Cases of unfair competition, Turkish Commercial Code No. 6102, art. Edited at 55. However, cases of unfair competition are regulated under TCC art. It is not limited as listed in 55 and TCC art. 55 lists the main cases of unfair competition. The main cases of unfair competition within the scope of the Turkish Commercial Code are as follows:

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• Advertisements and Sales Methods Contrary to the Code of Integrity and Other Unlawful Behaviors

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Considering this unfair competition situation more comprehensively, as stated in TCC art.55; Misrepresenting and unnecessarily vilifying others or their goods, prices and activities, trying to claim that they have the said talent by pretending to have these awards and honors even though they have not received a degree, diploma or award related to the work done, or professional names or titles that are not owned It includes many situations such as using sales methods, trying to prevent the customer's freedom of decision with sales methods.

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• Leading to Breach or Termination of Contract

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TTK art. By giving an example of this unfair competition in 55, trying to act in violation of the agreements made by the customers with others in order to be able to make a contract with the customer, directing the workers or other persons of the third parties to act against the performance of their work, and benefiting himself or another third party with this guidance, Many examples are listed, such as trying to induce workers, their agents or other employees to disclose their employer's secrets.

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• Unauthorized Use of Someone Else's Work Products

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For example, making unauthorized use of an offer, account or work product entrusted to a person, or using another person's ready-made work products by taking over technical reproduction methods without the appropriate contribution of the person, are examples of this unfair competition.

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• A Law of Production and Business Secretsto misrepresent

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In particular, it is also an example in cases of unfair competition to evaluate or inform someone else the information that has been obtained without permission and secretly or illegally, and the business secrets of the producer.

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• Non-Compliance with Business Terms

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In particular, non-compliance with the ordinary business conditions determined by law or contract is also considered as a case of unfair competition.

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• Using Integrity Transaction Terms

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Using transaction terms contrary to the rule of good faith in a misleading manner against the other party is one of the cases of unfair competition.

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What are Unfair Competition Lawsuits?

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In case of unfair competition, both civil and criminal cases can be filed. The lawsuits that can be filed are listed in TCC art.56.

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The legal cases that can be filed in the event of unfair competition are as follows;

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• Detection Case.

• Ineligibility of Unfair Competition.

• Refund Case of Unfair Competition (Case for Elimination of Financial Situation as a Result of Unfair Competition).

• It is the case of pecuniary damage and non-pecuniary damage.

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In case of unfair competition, criminal cases can also be filed. In case of unfair competition, criminal acts and behaviors are specified in article 62 of the Turkish Commercial Code No. 6102:

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a)Those who deliberately commit one of the acts of unfair competition written in Article 55.

b)Those who deliberately provide false or misleading information about their personal situation, products, business products, business activity and business in order to prefer their own offers and offers to those of their competitors.

c)Deceive employees, agents or other ancillaries to get the employer's or clients' production or trade secrets.

D)Those who learn from their employers or clients that their workers or employees or their proxies have committed an act of unfair competition that requires a penalty while they are doing their job, and those who do not prevent this act or correct the misrepresentations, unless the act does not constitute another crime that requires a heavier penalty, in accordance with Article 56 Upon the complaint of one of the persons who have the right to open a litigation, they are punished with imprisonment up to two years or a judicial fine for the acts falling within the scope of each subparagraph.

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What are the Legal Responsibilities arising from Unfair Competition?

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Legal responsibilities arising from unfair competition Turkish Commercial Code art. 56 et al. It is discussed. Legal responsibilities arising from unfair competition in accordance with these provisions are as follows:

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• Determining the injustice of the person's act.

• Prohibition of the person's act.

• Termination of the material result caused by the person.

• If the person has made false or misleading statements, correcting these statements.

• If there is no other method to end unfair competition, delivery of vehicles and goods that cause unfair competition.

• If a material or moral damage has occurred, the elimination of this damage.

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Such cases are legal responsibilities arising from unfair competition.

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What are the Criminal Liabilities arising from Unfair Competition?

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Criminal liability arising from unfair competition TCC art. It is listed at 62.

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a)Those who deliberately commit one of the acts of unfair competition written in Article 55.

b)Those who deliberately provide false or misleading information about their personal situation, products, business products, business activity and business in order to prefer their own offers and offers to those of their competitors.

c)Deceive employees, agents or other ancillaries to get the employer's or clients' production or trade secrets.

D)Those who learn from their employers or clients that their workers or employees or their proxies have committed an act of unfair competition that requires a penalty while they are doing their job, and those who do not prevent this act or correct the misrepresentations, unless the act does not constitute another crime that requires a heavier penalty, in accordance with Article 56 Upon the complaint of one of the persons who have the right to open a litigation, they are punished with imprisonment up to two years or a judicial fine for the acts falling within the scope of each subparagraph.

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What is the Unfair Competition Litigation Period?

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In case of unfair competition, lawsuits can be filed within 1 year from the day the act causing unfair competition is learned and within 3 years from the birth of the act causing unfair competition.

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If the act causing unfair competition still continues, the statute of limitations will be deemed not to have expired. If there is an act that requires a penalty that is subject to a longer statute of limitations in accordance with the Turkish Penal Code (TCK), the statute of limitations in the TCK also applies to the statute of limitations in civil cases.

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Which Court is Competent in Unfair Competition?

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Law of Civil Procedure (HMK) art. 6, it is the court of the place of residence of the real or legal person on the date of the lawsuit.

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The court in charge of cases arising from unfair competition is the commercial courts. Where there are no commercial courts, cases arising from unfair competition are heard in civil courts of first instance.

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What is the Connection Between Competition Law and Unfair Competition Law?

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Competition Law is a branch of law built on the rules established for the purpose of protecting competition in goods and services markets. It is regulated under the Law No. 4054 on the Protection of Competition. The main purpose of this law; It is to prevent agreements and practices that distort, prevent, and restrict competition in the goods and services market, to prevent the dominant undertakings from misusing their power, and to ensure the protection of competition by making the necessary arrangements. While the Competition Law aims to protect free competition at the macro level, fair competition is protected at the micro level in the unfair competition law.

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While the predominant aspect of unfair competition provisions in practice is to protect the relevant interests of competitors or persons involved in the competition process, the main purpose in competition law is to ensure economic efficiency and the continuation of competition.

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In addition, another distinction is that in case of violation of unfair competition law, there are sanctions in the field of private law within the scope of the provisions of the TCO and TMK. It is a mixed law branch that shows the characteristics of public law and also produces results in the field of private law.