TurkeyTurkish Commercial Code, Unfair Competition
Law No. 6102 (Türk Ticaret Kanunu), Arts. 54-63 (Haksız Rekabet)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2023. Publisher's page: http://www.mevzuat.gov.tr/MevzuatMetin/1.5.6102.pdfIn force since .
An unfair competition rule binding private bodies.
- Obligation class
- Prohibition
What it requires
- Do not engage in deceptive conduct, or other conduct contrary to the rule of good faith, that affects relations between competitors or between suppliers and customers (Art. 54(2)).
- Do not take over another person's market-ready work products by technical reproduction methods and exploit them without an appropriate contribution of your own (Art. 55(1)(c)(3)).
- Do not exploit, or pass on to others, information you obtained secretly and without permission or learned in another unlawful way, or the producer's business secrets (Art. 55(1)(d)).
- Do not use pre-written standard terms that, in a misleading way and to the other party's detriment, depart significantly from the statutory rule or provide a distribution of rights and duties significantly contrary to the nature of the contract (Art. 55(1)(f)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Art. 62(1): intentionally committing one of the unfair competition acts listed in Art. 55 carries imprisonment of up to two years or a judicial fine, on the complaint of a person entitled to bring the Art. 56 civil action, unless the act constitutes a more serious offence.
What this law does
Articles 54 to 63 of the Turkish Commercial Code regulate unfair competition. Article 54 declares deceptive conduct, and other conduct contrary to the rule of good faith, that affects relations between competitors, or between suppliers and customers, unfair and unlawful.
Article 55(1) lists the principal cases, among them taking over another person's market-ready work products by technical reproduction methods and exploiting them without an appropriate contribution of one's own (point (c)(3)), exploiting or passing on to others information obtained secretly and without permission, or learned in another unlawful way, and the producer's business secrets (point (d)), and using pre-written standard terms that, in a misleading way and to the other party's detriment, depart significantly from the statutory rule or provide a distribution of rights and duties significantly contrary to the nature of the contract (point (f)).
Under Article 56, a person whose customers, credit, professional reputation, commercial activities or other economic interests are harmed or endangered by unfair competition may ask for a declaration that the act is unlawful, an injunction, removal of the resulting situation, damages where there is fault, and non-pecuniary damages where the Code of Obligations' conditions are met.
Customers whose economic interests are harmed may bring the same actions, except a claim for destruction of the means and goods. Article 62 punishes intentionally committing one of the acts listed in Article 55 with imprisonment of up to two years or a judicial fine, on the complaint of a person entitled to bring the Article 56 civil action, unless the act constitutes a more serious offence. The Code entered into force on .
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