Unlawful exercise of domination by causing disadvantages of the affiliated company

In Turkish Law, the group of companies was regulated for the first time with the new Turkish Commercial Code (TCC) numbered 6102. Within the scope of the regulations regarding the group of companies, it has been accepted that a company can dominate over another company through methods specified in TCC article 195, and a special liability regime based on the unlawful exercise of domination has been developed taking into consideration interests that may be affected by this situation. In TCC, the unlawful exercise of domination is regulated in two basic categories, one of which is the unlawful exercise of domination by causing disadvantages of the affiliated (subsidiary) company. The legislator has made a classification about the unlawful exercise of domination by causing disadvantages of the affiliated company, according to whether the domination is partial or full. The provision of TCC article 202 is applicable for partial domination and the provisions of TCC article 203-206 are applicable for full domination. The main purpose of this thesis is to examine the conditions and consequences of the unlawful exercise of domination by causing disadvantages of the affiliated company, especially the subject of liabilty, in terms of partial and full domination in accordance with the TCC systematic. In this study, after analyzing the determining factors of the group of companies, the provisions regarding the unlawful exercise of domination by causing disadvantages of the affiliated company will be explained by mentioning the uncertain and controversial points on the subject. Key Words: Causing Disadvantages of Affiliated (Subsidiary) Company, Dominant Company, Group of Companies, Liability, Unlawful Exercise of Domination