Unfair Competition in Turkish Commercial Code – Türk Hukukunda Haksız Rekabet

6102 sayılı Türk Ticaret Kanunu haksız rekabete ilişkin hükümleri iki esas üzerine oturtmaktadır. Bu esaslardan

ilki bütün katılanların menfaatine dürüst ve bozulmamış rekabetin sağlanması,
ikincisi ise dürüst davranma kuralıdır.

Bu yazımızda Haksız Rekabet hükümlerine ilişkin İngilizce terminolojiyi içeren bir yazıyı ilginize sunuyoruz.

unfair competition cartoon ile ilgili gÃ¶rsel sonucu

UNFAIR COMPETITION

Perspectives from the Turkish Commercial Code

Article 54 of the Turkish Commercial Code “the TCC” states that the purpose of the unfair competition articles is to ensure fair _adil and uncorrupted _bozulmamış competition in the interests of all participants _katılanlar.

The Conditions that give birth to Unfair Competition according to the Turkish Commercial Code

The conditions of unfair competition are stipulated by Article 54 of the TCC. Those conditions are as follows:

Behaviors or Practices that are of deceptive _aldatıcı nature or in violation with the principle of good faith between commercial rivals or Suppliers and customers are qualified unjust and illegal.
For existence of unfair competition, the defaulting party _{temerrüde düşen taraf} does not have to be at fault _kusurlu.
Even if there does not exist any damage _zarar, unfair competition provisions still can be applicable.
For existence of unfair competition, a competitive atmosphere between the parties is not required.

Unfair Competition Cases Listed in the Article 55

The incidents that constitute unfair competition are listed by the Article 55 in an exemplifying fashion _{örnekleyici sayım}. Therefore, such conditions of unfair competition are not limited to these cases.

According to this Article, the primary unfair competition incidents are as follows:

The advertisement and the sales methods that contradict with the good faith and other unlawful behaviors affecting 3rd parties for violation or termination of the contract
Unauthorized usage of work products of others The unlawful disclosing _{hukuka aykırı}_ifşa of the trade secrets _{ticari sırlar} or confidential information _gizli_bilgilerof production
Not complying with business conditions that are specified by law or relevant contracts

The Lawsuits that can be filed according to the Turkish Commercial Code in presence of an Unfair Competition

Any person whose customers, credits, professional reputation, business activities or other economic interests are injured due to an incident of unfair competition can file following lawsuits;

The declaratory lawsuit _{tespit davası} for determining whether the act is unfair or not
Prohibition lawsuit _{men davası} against the unfair competition
Lawsuit that regards the obliteration _{ortadan kaldırma} of the financial situation that occurs due to unfair competition
Lawsuit that aims the correction of statements if the unfair competition has been made through wrongful and misleading statements
If the prevention of violence is unavoidable, the destruction _imha of instruments and goods which were used while committing the unfair competition acts.
In the event of a presence of fault, the pecuniary and non-pecuniary damages _{maddi ve manevi zararlar} can be requested from defaulting party.

If the customers _müşteriler file an unfair competition lawsuit, destruction of instruments and goods that were used while committing of unfair competition cannot be requested.

Chambers of Commerce and Industry _{ticaret ve sanayi}_o_daları, stock markets and other Professional and economical associations that has legal power to protect its members’ economic interests _menfaatler and civil society organizations that has given duty of protect its member’s interests by their statutes and other public institutions cannot file compensation lawsuits _{tazminat davaları} due to unfair competition. However other lawsuits can be filed by these legal persons.

Announcement of the Decision

According to Article 59 of the TCC, upon the request of the party that prevails _{haklı çıkan}_taraf in the case the judge may decide to announcement of the final judgment _{kesin hükmün ilanı}.

The costs for announcement of the final decision, through appropriate mediums _uygun _vasıtalarla regarding which the judge will decide, will be reimbursed _{tazmin etmek}by the unfair party.