Turkey: Comparative Advertising In Turkish Law


The Law on Consumer Protection No. 65021 ("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 consumer2, 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 Practices3 ("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 competition4 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.

Comparative Advertising and Unfair Competition

The Turkish Commercial Code No. 61025 ("TCC") regulates the acts of unfair competition in Art. 55. Two paragraphs of this provision which read: "1 To discredit others, their goods, business products, prices, activities and commercial businesses, through false, misleading or unnecessarily injurious declarations," and "5 To compare itself, its goods, business products, activities or prices with others, their goods, business products or prices in a false, misleading, injurious or imitative manner, or to favor one party to the detriment of its competitors," related to comparative advertising, specify the acts that would constitute unfair competition.

In order for comparative advertising to be deemed lawful under the TCC, it must not mislead or deceive the consumer, it must be truthful, the goods and services subject to comparison must have the same qualities and features, or meet the same needs, or be intended for the same purpose and, thus, be equivalent or substitutable, the advertising must not be unnecessarily denigrating or demeaning, it must not take unfair advantage of the reputation of another person, and not give rise to confusion6.

These conditions as foreseen in the TCC regarding unfair competition must be taken into consideration when assessing the LCP and secondary legislation governing comparative advertising.

Comparative Advertising in Consumer Protection Legislation

LCP Provisions

Art. 16 fLCP and Art. 61 LCP regulate comparative advertising. Both provisions enable comparative advertising regarding goods and services that meet the same needs or are intended for the same purpose. Therefore, these statutory provisions do not provide a difference governing the comparative advertising regime. The Justification of LPC (as defined in the footnotes)7, by making a reference to the acquis communautaire, states that comparative advertising must comply with honest and fair competition principles, and must not mislead its audience. Nevertheless, further details regarding comparative advertising have yet to be regulated under secondary legislation.

Art. 4 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning Misleading and Comparative8 advertising ("Directive") m. 4 also foresees that comparative advertising shall compare goods or services that meet the same needs or are intended for the same purpose. The Justification refers to the Council Directive of 10 September 1983 covering the same principle. Therefore, the fLCP and the LCP are in line with European legislation in this respect.

Regulation Provisions

Pursuant to Provisional Art. 1/3 LCP, until the entry into force of the regulations foreseen under the LCP, the provisions of the secondary legislation enacted under the fLCP that do not contradict the LCP shall continue to apply. Commercial advertising was regulated under the former Regulation governing Principles and Application of Commercial Advertising and Announcements9 ("Former Regulation") during the period when the fLCP was in force. This Former Regulation that continued to apply until the entry into force of the Regulation contains provisions regulating comparative advertisements.

Pursuant to Art. 11 of the Former Regulation, (a) the goods, services or brand names that are subject to comparison cannot be mentioned, (b) the goods and services that are subject to comparison must have same qualities and features, or meet the same needs, or be intended for the same purpose, and (c) the advertisements must comply with fair competition principles, and must not deceive the consumer. Thus, the Former Regulation confirms the equivalence or substitution criteria foreseen under the LCP (and in the EU Council Directives), and emphasizes compliance with fair competition principles, as referred to in the Justifications. However, the Former Regulation foresees an additional requirement to not mention the goods, services or trade names that are compared.

Given the express provision of Provisional Art. 1/3 LCP, until the enactment of the Regulation, the Former Regulation's application continued. As the LCP and the fLCP contains the same provision governing comparative advertising, the entry into force of the LCP does not introduce a major amendment on the matter.

On the other hand, the Regulation, which abrogated the Former Regulation by entering into force on 10 January 2015, includes an innovative provision governing comparative advertising. Art. 8 of this Regulation reads as follows:

"ARTICLE 8 – (1) Comparative advertisements may only be made if;

a) They do not deceive or mislead,

b) They do not result in unfair competition,

c) The goods and services that are subject to comparison have the same qualities and features, or meet the same needs, or are intended for the same purpose,

ç) A feature that benefits the consumer is compared,

d) One or more material, major, verifiable and typical quality or qualities, which include the price, of the compared goods or services are compared in an objective manner,

e) Objective, quantifiable assertions based on numeric data are proven through scientific tests, reports or documents,

f) They do not denigrate or discredit the intellectual or industrial property, commercial name, trade name, or other distinct marks, goods, services, activities or other aspects of the competitors,

g) Goods and services whose origins are specified are compared with other goods and services from the same geographical location,

ğ) They do not result in confusion regarding the trademark, trade name, commercial name, any other distinct mark, or goods and services of the advertiser and the competitor.

(2) The name, trademark, logo or other distinct shapes or expressions, as well as commercial and trade names may be contained in comparative advertisements, provided that they comply with the conditions specified in the first paragraph of this provision.

(3) Food supplements cannot be subject to comparative advertising."

This article, in line with the TCC provision, but which goes into further detail, sets forth rules governing comparative advertising. The first paragraph specifies conditions for a comparative advertisement to be deemed lawful. Not resulting in unfair competition, comparing an aspect that is beneficial to the consumer, comparing material, major, verifiable and typical qualities, and proving objective assertions are noteworthy conditions.

The opinion of the Competition Authority on the draft Regulation10 has also been taken into consideration, and the price of the goods and services is provided as an example to the material, major, verifiable, and typical qualities that can be compared.

The second paragraph of this article, for the first time, allows the mention of the name, trademark, logo or other distinct shapes or expressions, as well as commercial and trade names of competitors. This provision requires compliance with the conditions mentioned in the first paragraph, while allowing for this explicit comparison.

Entry into Force

As assessed above, the Regulation provides for novelties that govern comparative advertising. This provision, in comparison with the Former Regulation enacted under the fLCP, and applied until the entry into force of the Regulation, constitutes a highly detailed and innovative framework. Provided that certain requirements are complied with, it is allowed for the first time to refer to the name, trademark, logo or other distinct shapes or expressions, as well as commercial and trade names in comparative advertising.

The Regulation entered into force on its date of publication. Nevertheless, Art. 8 regulating comparative advertising shall be enforced on 10 January 2016, one year after the Regulation's publication. Hence, the novelties emphasized above will not be in effect yet.


Comparative advertisements concern commercial and competition law due to its links to unfair competition, and consumer law, for the sake of protecting consumers. Certain requirements, such as the comparative advertisement not being of a misleading nature, being truthful, the goods and services that are compared being equivalent or substitutable, and which avoid unnecessary disparagement, must be met.

The LCP provision enabling comparative advertising does not differ from the corresponding provision under the fLCP. Both articles, as is the case under the EU directives, render comparison of goods and services that meet the same needs, or are intended for the same purpose, possible.

Notwithstanding the Regulation enacted pursuant to the LCP. Contrary to the Former Regulation, it provides for new and detailed provisions regulating comparative advertisement. Art. 8 of the Regulation introduces additional and detailed conditions that comparative advertisements need to meet, and state in its second paragraph that the name, trademark, logo or other distinct shapes or expressions, as well as commercial and trade names of competitors, may be mentioned. Nevertheless, despite the other provisions entering into force through publication of the Regulation, this Art. 8 will become effective as of 10 January 2016.


1. Published in the Official Gazette ("OG") dated 28 November 2013 and No. 28835, and entered into force six months after its publication.

2. Draft Law on Consumer Protection, General Legislative Justification ("Justification"), http://www2.tbmm.gov.tr/d24/1/1-0787.pdf (accessed on 29 January 2015), p. 33 et seq.

3. Published in the OG of 10 January 2015 and No. 29232. Other than Art. 8 which will enter into force one year following its publication, the Regulation entered into force through publication.

4. See Newsletter article on unfair competition Berna Aşık Zibel, Unfair Competition Provisions Under New Turkish Commercial Code, November, 2011, http://www.erdem-erdem.com/en/articles/unfair-competition-provisions-under-new-turkish-commercial-code/ (accessed on 29 January 2015).

5. RG 14 Şubat 2012, No. 27846.

6. Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, 14. Bası, İstanbul 2012, p.333.

7. Justification, p. 78.

8. See http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:376:0021:0027:EN:PDF for the English text of the Directive (accessed on 29 January 2015).

9. OG, 14 June 2013, No. 25138.

10. For the Competition Authority's opinion of 29 September 2014 on the draft of the Regulation, see. http://www.rekabet.gov.tr/tr-TR/Kurum-Gorus-Listesi and http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fKurum+G%C3%B6r%C3%BC%C5%9F%C3%BC%2fTicari+Reklam.pdf (accessed on 29 January 2015).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.