Competition Law vs. Unfair Competition Under Turkish Law: Where To Draw The Line?

The distinction between competition law and unfair competition law as two disciplines of law is an issue that causes confusion among market actors unfamiliar with the theory as well as divergence of opinions among scholars and the legal community, given that these two disciplines have certain similarities and intersections in terms of their reflections on market actors and their historical development. Nevertheless, despite intersections in certain areas, these are often interpreted as disciplines that do not fully overlap due to the essential points where they diverge in terms of their objectives, remedies, and methods. By summarizing how the Turkish Competition Board (the "TCB") has handled the matter through its reasoned decisions published in recent years, the question of where the difference between the two disciplines corresponds in practice based on the regulation of the issue in the Turkish legal system will be addressed in this article.