Keyword advertising and unfair competition

Keyword advertising is a type of internet advertising carried out through search engines, where advertisers aim to attract users' attention by purchasing specific keywords. However, this method may lead to cases of unfair competition under the Turkish Commercial Code (TCC). For instance, advertisers' attempts to increase click costs with the intent of harming competitors or the use of others' trademarks or distinctive signs as keywords can be evaluated within the scope of TCC Article 54/2. Moreover, if misleading statements are included in the explanation section of keyword advertising, TCC Article 55/1-(a).2 becomes applicable.Although in doctrine and case law, the use of others' distinctive elements as keywords is considered an example under TCC Article 55/1-(a).4, it is our opinion that the indication of 'sponsored ads' in sponsored results on search engines prevents confusion for the average consumer.In addition, non-compliance with specific regulatory limitations introduced for certain sectors, such as healthcare services, the pharmaceutical industry, pharmacists, and lawyers, as well as other advertising bans stipulated in Turkish legislation, may result in a violation of requirements of professional diligence under TCC Article 55/1-(e). It is possible to file lawsuits under TCC Article 56 due to keyword advertising. In our opinion, there is no legal obstacle preventing any internet user from acting as a plaintiff. While advertisers are typically the defendants in such cases, search engines can only be held liable under TCC Article 58/4, which means if they are informed of the advertisement and fail to intervene.