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

2. Unfair Competition Regulated Article 54-63 of NTCC

3. Definition Article 54/2 of NTCC • Deceptive attitute/commercial practice OR • attitute/commercial practice contrary to objective good faith BETWEEN • Competitors AND • 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

5. 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 NTCC • One year ---- from the date of learning • In any case Three year----- from the date of birth of right

6. 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

7. Liable Person • Person who is liable due to unfair competition • Person who compete 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

8. CRIMINAL LIABILITY • Article 62 of NTCC