Turkey is one of the fastest-growing e-commerce markets in its region, with large online marketplaces playing a central role in connecting consumers and sellers. For foreign sellers entering this market, online platforms offer huge commercial opportunities but also serious risks of unfair competition – from copycat stores to manipulated rankings and misleading advertising.
Under Turkish law, unfair competition is primarily regulated by the Turkish Commercial Code (TCC) No. 6102, especially Articles 54–63. These provisions apply not only to traditional brick-and-mortar businesses but also fully to online commerce and marketplace activities. In parallel, the Law on the Regulation of Electronic Commerce (No. 6563) and consumer protection legislation shape the obligations of platforms and sellers in the digital environment.
What counts as unfair competition on Turkish online marketplaces?
In practice, foreign sellers most frequently encounter the following types of conduct on Turkish e-commerce platforms:
- Imitating store names, logos or product pages in a way that creates confusion with the foreign brand or its official store.
- Using a competitor’s trademark in product titles, descriptions or keywords to capture search traffic and mislead consumers.
- Manipulating rankings or reviews through fake orders, fake comments or organized “review bombing,” which distorts competition and consumer choice.
- Misleading price and discount practices, such as showing inflated “previous prices” or creating the impression of exclusive campaigns that do not exist.
- Unauthorized or “grey market” sales, where resellers list products of a foreign brand without any authorization, often without warranty, after-sales service or compliance with safety rules.
These types of behavior can violate the general clause of TCC Article 54, which prohibits acts contrary to good faith that affect relationships between competitors or between suppliers and customers. Specific examples are listed in Article 55 (misleading statements, confusion, exploitation of reputation, breach of trade secrets, etc.).
Liability of platforms vs. liability of sellers
A key practical question for foreign companies is whom to pursue: the individual seller, the marketplace operator, or both. Under Turkish practice, the primary responsibility for unfair competition often lies with the seller that publishes misleading or infringing content. However, major marketplaces are not entirely risk-free.
Platforms are required to implement notice-and-takedown style mechanisms and to comply with various information and transparency obligations under e-commerce and consumer protection rules. Where a marketplace systematically ignores clear, substantiated complaints about unlawful content, this may strengthen arguments regarding its own responsibility, depending on the facts of the case and contractual framework.
From a strategic point of view, foreign brands usually start with platform-internal complaint mechanisms (IP protection systems, report tools, brand portals) and, if necessary, escalate to formal legal proceedings.
Legal remedies available to foreign sellers
Foreign sellers and brand owners have several legal tools under Turkish law to respond to unfair competition on e-commerce platforms:
- Civil actions for unfair competition before Turkish commercial courts, requesting:
- cessation of the unfair acts,
- removal or correction of misleading content,
- determination that the conduct is unlawful,
- compensation for damages, and
- in some cases, surrender of profits obtained through unfair competition.
- Preliminary injunctions (interim measures) to secure rapid removal or blocking of infringing listings or advertising campaigns in urgent cases, particularly where the risk of irreparable harm is high.
- Trademark and IP enforcement (if the brand is protected in Turkey) through separate actions under industrial property law, often combined with unfair competition claims.
- Criminal complaints in exceptional, serious cases involving systematic deception, fraud or counterfeiting.
For many foreign companies, an effective combination is:
(i) carefully drafted cease-and-desist letters and platform notices, followed by
(ii) targeted litigation in Turkey where voluntary compliance is not achieved.
Practical recommendations for foreign sellers
To reduce exposure to unfair competition risks on Turkish marketplaces, foreign sellers should:
- Register trademarks and key IP rights in Turkey as early as possible. This significantly strengthens enforcement options against copycats and unauthorized resellers.
- Monitor e-commerce platforms regularly, using brand-protection tools, keyword searches and automated alert systems where possible.
- Prepare standard evidence packages, including screenshots, time-stamped records, translation of key elements and proof of brand ownership, to support rapid legal action.
- Review marketplace terms and conditions, especially jurisdiction, applicable law, notice procedures and internal dispute mechanisms.
- Coordinate unfair competition strategy with distribution and franchising arrangements, ensuring that authorized partners and local distributors understand and support enforcement actions.
For foreign investors and brands, Turkey’s legal framework offers meaningful remedies against unfair competition in the online environment. However, success depends heavily on proactive monitoring, solid documentation and well-planned legal steps tailored to the specifics of the e-commerce ecosystem.
Hashtag Examples
#UnfairCompetitionTurkey, #EcommerceLawTurkey, #OnlineMarketplaces, #ForeignInvestors, #TurkishCommercialCode, #BrandProtection, #CrossBorderEcommerce, #TurkeyBusinessLaw, #DigitalMarketRisks
Yanıt yok