Özet:

Unfair competition acts are essentially acts that violate the competition rules that the competing undertakings, consumers and other participants must comply with. These acts, which are harmful to commercial competitors and are against the law and morality, are subject to a sanction by the legal systems. As a matter of fact, a significant part of these acts in Turkish Law are regulated in the Turkish Commercial Code No. 6102 and are subject to a legal and penal sanction. In addition, unfair competition acts are regulated in the Turkish Legislation with different legal regulations, especially the Turkish Code of Obligations No. 6098. In the Turkish Penal Code No. 5237, on the other hand, although a direct crime of unfair competition is not defined, it seems possible to apply general and complementary crime definitions such as slander and insult to the concrete case. In this case, it is important whether an act of unfair competition will be evaluated within the scope of which crime definition in the concrete case. This study focuses on determining whether the definition of unfair competition crime regulated in the Turkish Commercial Code complies with the legal technique and the basic principles of the Turkish Criminal Law and presenting solutions.

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