UNFAIR COMPETITION

Dr. Özlem Döğerlioğlu IŞIKSUNGUR

Yaşar Üniversitesi Lecture Notes

ozlem@dogerlihukuk.com

Unfair Competition

Regulated Article 54-63 of NTCC

DefinitionArticle 54/2 of TCCDeceptive attitute/commercial practice ORattitute/commercial practice contrary to

objective good faith BETWEENCompetitors OR supplier & customers

are unfair and unlawful

No need “negligence”

Unfair Competition Situations-ExamplesSamples can be find in Article 55/1The 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

Examplesdisparagement of a competitor; To give false information;To give wrong and deceptive knowledge

about himselfTo use false title and occupational namesTo give rise to confusionTo encourage the assistants to malpractice

Legal Consequences Legal Responsibility

Declaratory Judgment ActionCase of preventionCase related to elimination of the material situation

derived from the unfair competitionAction for damages(pecuniary/non-pecuniary

damages)Publication of judgment

Period for unfair competition case --- Article 60 of TCCOne year ---- from the date of learning In any case Three year----- from the date of birth of

right

PARTIES OF UNFAIR COMPETITION CASE

• Who can bring an action before court ?

The aggrieved person ORPerson 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 personCustomers who suffered economically due to unfair

comptetionProfessional Association& Economic Unity, Institutions

that protect Consumers’ Economic Interest, public organisations Ör. Chamber of Commerce

Liable Person• Person who is liable due to unfair competition

Person who competes in unfair mannerIf 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

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