Unfair competition by violation of business terms

The case of unfair competition by violation of business terms (Turkish Commercial Code article 55/1-e) occurs because of not complying with the "business terms" conditions regulated by the provisions of the law or contract that the competitors are obliged to comply with or determined by the commercial customary rules. Interestingly, in Turkish law, the concept of "work condition" is being interpreted more broadly than the Swiss Unfair Competition law of 1986, which was taken as a source. In this thesis of mine titled "Unfair Competition by Violation of Business Conditions", in the first chapter, the definition and elements of unfair competition are emphasized and specific cases of unfair competition are examined. In the second part, the definition, scope and elements of the concept of unfair competition and the concept of "work condition" are emphasized. In addition, the regulations that include "work condition", which are frequently encountered in practice, are examined. During this review, examples that are frequently mentioned in the doctrine, Supreme Court decisions and current cases have been mentioned. On the other hand, it has been tried to propose solutions for the controversial issues regarding the scope of article 55/1-e of the Turkish Commercial Code. In the last part, the legal cases that can be brought as a result of unfair competition, the parties of these cases and the procedural provisions have been mentioned.