Browsing by Subject "Protection of competition"

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    Roles of unfair competition and protection of competition rules in the attainment of social market economy in Turkey
    (Ankara Yıldırım Beyazıt Üniversitesi Hukuk Fakültesi, 2017) Pınar, Hamdi; Hazıroğlu, Elif Cemre
    Turkish Constitution embraces a mixed economy, and Article 2 of the Turkish Constitution states that the Turkish Republic is a social law state. The latter characterization requires, among other things, the enactment of laws that are able to project the “social” aspect of the State to the economy. Consequently, it would not be misleading to assert that the consitutional regulation of Turkey indicates the preference of social market economy as the institutional order of competition. Competition and unfair competition law rules are complementary to each other with the aim of protection of competition against infringements, to the benefit of market agents and public welfare. While competition law protects freedom of competition against breaches, unfair competition law protects fair competition against unfair commercial practices. A bird’s eye view of the rules regarding Protection of Competition and Unfair Competition in Turkish Law is sufficient to realize that they comprise of provisions that have consentaneous aims. In a system established upon social market economy, competition law and unfair competition law together play a significant role in the attainment of freedom of competition and maintenance of competitiveness of the market.