The conflict of laws pertaining to the unfair competition

With rapidly evolving technology, international trade is becoming widespread. According to this, acts of unfair competition occuring in the international area are increasing and because of that it has been met with the problem of determination of applicable law to the disputes resulting from unfair competition.Until recently, in the area of the conflicts of laws pertaining to the unfair competition, lex loci delicti rule related tortious acts which is accepted generally in doctrine, was taking place in the application area. Recently in the European Union legislation and Swiss law and Turkish law, choice of law of effect on market, which is view of lex loci delicti rule in economic tortious acts field, has been adopted.Choice of the rule of effect on market has been generally accepted in comparative law related with actions of restrict of competition and unfair competition for a long time. It?s adopted in our law in 2007 with the Turkish Code on Private International Law and International Civil Procedure No.5718. According to this new method of choice of law which takes place in the Code No.5718, it has not been made a detailed study in doctrine so far.In our thesis, the proposed methods in the historical development about determining of applicable law in the field of conflicts of laws pertaining to the unfair competition and the binding rule of effect on the market accepted today are investigated. Currently, Article 37 of the Code on Private International Law and International Civil Procedure, which has not been the subject of Supreme Court decisions in practice yet, has been studied in the light of Commercial Code and in the light of the regulations related unfair competition which takes place in the Turkish Commercial Code Draft and also in the light of Supreme Court decisions in this regard. In our study, Swiss International Private Code and European Community (Rome II) Regulation about the Law Applicable to Non-Contractual Obligations were especially used.This study consists of three sections. In the first section of the study, the concept of unfair competition has been tried to be explained. In the second section, the methods that can be followed in the determination of applicable law arising from the conflicts of unfair competition are examined. In the third section, applicable law to unfair competition acts in terms of Turkish law has been examined and the determination of applicable law to various unfair competition acts according to Turkish law has been evaluated.Key words: Unfair competition, torts, conflict of laws, unfair competition in Private International Law, Rome II Regulation.