Unfair competitive actions of businesses: Between 2012-2018 an analysis on the judgements of the supreme court

This master's thesis covers the changes to unfair competition after the ıst July 2012 when the Turkish Commercial Code came into force and a study on the case files examined and decided by the Court of Cassation. The examination of the provisions regarding unfair competition; its place in comparative law and its importance in the Turkish legal system have been examined in various aspects. Legal and penal responsibility points arising as a result of unfair competition action and the definition of the unfair competition; the elements of the law and the unfair competition are discussed. The regulations of the Turkish Commercial Code and the Turkish Commercial Code (TCC) and turkish debt (TDL) law, as well as the amendments to the new and new provisions have been examined separately. Our study consisted of two parts. In the first part, a literature review related to unfair competition was made: The definition of the unfair competition, its elements and the comparative unfair competition activities in national and international regulations and the legal and criminal responsibility as a result of unfair competition are mentioned. In the second part, examining the case files of the Supreme Court of Appeals and the application dimension are discussed. In the case files examined by the Court of Cassation, an analysis was made on the cases in which unfair competition was established, what points were emphasized in the decisions, and the cases filed to the Court of Cassation. When deciding on the Supreme Court in the files examined; It was noted seen that the protection of markets as a priority is considered a priority. In other words, it has established a provision by considering the situation of the sector if unfair competition is experienced intensively in the sectors. The Supreme Court of Appeals also emphasized the importance of the investigations concerning the parties' requests and the unfair competition.