Reflections of unfair competititon on electronic environment

The development of the electronic environment, its undeniable importance has paved the way for the regulators to define the electronic environment at the legal level and to regulate the activities in this field. Because it is easy to reach large masses in this environment, the damage that uncompetitive behavior can cause could be severe. Therefore, this area of law should be protected and unfair competition should be regulated in the electronic environment. A general meaning of an environment is where data is digitised, stored, and shared through its digital infrastructure. By defining this matter, the boundaries of the subject and the review are clarified. In our study, the types of advertisements specific to the internet environment were examined. First of all, spam and unsolicited commercial electronic messages were examined within the scope of the regulations in the European Union and Turkish law, especially the Law on the Regulation of Electronic Commerce. How unfair competition can occur with unsolicited electronic messages are examined as offensive sales methods, non-compliance with business terms, comparisons, vilification and confusion. Then, advertisement banners and pop-up advertisements were examined from a technical and legal point of view, and how unfair competition could occur with these technologies was discussed in light of both the cases that were submitted to the Court of Cassation in Turkey and the cases before the European competent courts. Afterwards, the concept of domain name and legal regulations regarding domain names are examined and discussed within the scope of unfair competition by considering different scenarios. Afterwards, meta taggings and keywords were discussed within the framework of unfair competition. In particular, the cases of unfair competition via search engines have been examined. Later, the subject was studied in terms of the perspectives of various countries. Finally, link types and framing were examined and the appearance of unfair competition in these areas was discussed within the framework of case studies.