Compensation for damages arising from unfair competition

In the economic market, competitors, traders, commercial companies compete with each other to develop themselves and to exist in the commercial market. Competitors in a competitive environment; they perform actions that constitute unfair competition in order to sell more products and remove their competitors from the competitive market. As a result of these actions, traders, competitors, those in the economic market, customers and even consumers suffer losses. In this master's thesis, the lawsuits to be substituted are examined by taking into account the provisions of the Turkish Commercial Code and the Turkish Code of Obligations in order to compensate for these losses. Discussions have been created in the doctrine of how the compensation for the damages arising from unfair competition will be provided, whether the damage must have occurred for the occurrence of unfair competition, and whether legal entities will demand non-pecuniary damages. These issues have been examined in line with the precedent decisions of the Supreme Court and the views in the doctrine. This study consists of three parts. In the first part, unfair competition and situations of unfair competition are explained, in the second part, the damages that occur as a result of unfair competition and the conditions required to claim compensation for these damages are examined. In the last section, the compensation method for these damages resulting from unfair competition is explained. As a result of this study, it has been concluded that in order for the damages caused by unfair competition to be claimed, the actions that constitute unfair competition are a kind of tortious act, the fault of those who created the unfair competition must have occurred as a result of this fault.