International Conference on Eurasian Economies
29-31 August 2016 – Kaposvár, HUNGARY
Paper detail
Paper ID : 1535
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Prof. Dr. Ethem Atay
Session : 3B Hukuk
Unfair Competition Offence in the Turkish Commercial Code
Türk Ticaret Kanunu’nda Haksız Rekabet Suçu
- Prof. Dr. Çetin Arslan (Hacettepe University, Türkiye)
- Ph.D. candidate Didar Özdemir (Hacettepe University, Türkiye)
- Prof. Dr. Ethem Atay (Gazi Üniversitesi, Türkiye)
Abstract
The competition is the key element of the free market economy because the prices cannot be determined according to the supply and demand equilibrium when there is no competition or the competition is violated by conducts against good faith. In this regard, the fraudulent acts between providers and customers and unfair commercial applications constitute tortious acts. The aim of the articles embodying unfair competition of the Turkish Commercial Code (TCC) dated 13.01.2011 and numbered 6102 is to maintain fair, untainted competition for the good of all parties (art. 54/2). The acts and commercial applications against good faith are determined in the article 55 of the TCC in order to protect the competition system. According to the article 62 of the TCC entitled “Criminal Acts”, performing one of these acts intentionally; giving wrong or deceptive information about his personal situation, goods, products, commercial activity and work intentionally in order to make his own offer preferred; deceiving employees, administrators and other assistants to obtain the production and commercial secrets of the employer or clients; not preventing the unfair competition acts of the workers, employees or administrators during their work or not correcting the declarations contrary to facts constitute the unfair competition offence. In our study, at first the notion of unfair competition, then the unfair competition offence –especially focusing on the controversial points- will be examined.
JEL codes: K14, K21, K42
Arslan, Çetin, Özdemir, Didar, Atay, Ethem (2016). "Unfair Competition Offence in the Turkish Commercial Code" in Proceedings of International Conference of Eurasian Economies 2016, pp.268-272, Kaposvár, HUNGARY.
DOI: https://doi.org/10.36880/C07.01535
