Unfair commercial practice in consumer law in comparison with European Union law

The focus of this study is to analyze the concept of unfair commercial practice in terms of European Union Law and Turkish Law. Following this examination, it is aimed to determine the remedies that can be applied for the protection of consumers against unfair commercial practices by entrepreneurs. In this context, firstly, the concept of unfair commercial practice is examined in its broadest form and then its forms of appearance in terms of European Union Law are discussed. After the development of the concept of unfair commercial practice, the scope of the Unfair Commercial Practices Directive of the European Parliament and the Council is evaluated. Following these evaluations, the concept of unfair commercial practice in Turkish Law is explained and in this context, the existing national regulations, primarily the Law on the Protection of Consumers and the Regulation on Commercial Advertising and Unfair Commercial Practices, are examined and the extent of compliance with the Unfair Commercial Practices Directive is evaluated. Then, the legal and administrative sanctions regarding the protection of consumers against unfair commercial practices are discussed and the consequences of the unfair commercial practice in terms of the TTK and TBK as well as TKHK are presented.