The Law on Consumer Protection No. 6502[1] ("LCP") entered into force on 28 May 2014 abrogating the former Law on Consumer Protection No. 4077 ("fLCP"). This amendment aiming to ensure coherence with European Union legislation, and at enhancing the protection of the consumer[2], and the secondary legislation enacted under the LCP introduces important novelties.
One of the matters among these novelties that requires assessment is comparative advertising. Art. 61 LCP provides for a general framework governing comparative advertising. The Regulation governing Commercial Advertising and Unfair Commercial Practices[3] ("Regulation") provides detailed regulation on the subject that is generally stipulated in Art. 61 et seq. LCP.
Nevertheless, comparative advertising relates not only to consumer protection and consumer law, but also to unfair competition[4] and the protection of competitors' rights. This months' Newsletter article assesses comparative publication under Turkish Law with a preponderant view to the LCP, and to the Regulation.
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