The new Turkish Commercial Code ["TCC"], which will
become effective on July 1, 2012, aims to ensure a fair and
undistorted competition in favour of both traders and consumers, by
re-describing unfair competition acts in accordance with the
changing commercial activities.
The former law no. 6762 was based on the Swiss Federal Law on
Unfair Competition dated 1943, that was later on replaced by the
"Federal Law against Unfair Competition" in 1986.
However, the Turkish system on unfair competition did not develop
in line with the Swiss system, since Turkish courts and the
doctrine designed a different model in practice. Nevertheless,
although the Directive 2005/29/EC concerning unfair commercial
practices ("Unfair Commercial Practices Directive") of
the EU was considered by the legislator, the latter was mostly
inspired by the Swiss Law dated 1986 while drafting the
"unfair competition" provisions.
