Abstract
In a free market economy, competitors must compete in accordance with the law and honesty. Hence, the acts that consist of unfair competition affect not only the interests of rivals but also the interests of consumers. Various regulations have been included in our law in order to prevent unfair competition. In the Article 54 of the Turkish Commercial Code No. 6102, it is states that “it is aimed to ensure fair and undistorted competition for the benefit of all participants through the codes on unfair competition.”. In this sense, consumers are also in the scope of the regulation of the Turkish Commercial Code. In addition, the protection of consumers against unfair commercial practices is guaranteed by means of Law No. 6502 on the Protection of Consumers, article 62 etc. and by means of the European Union Law and Directive 2005/29/EC. The Consumer Protection Law and the Directive prohibit unfair commercial practices against consumers. Aggressive commercial practices are unfair commercial practices. Aggressive commercial practices are defined in Article 8 of the Directive as,“A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its features and circumstances, by harassment, coercion, including the use of physical force, or undue influence, it significantly impairs or is likely to significantly impair the average consumer's freedom of choice or conduct with regard to the product and thereby causes him or is likely to cause him to take a transactional decision that he would not have taken otherwise.”So, for a practice to be aggressive, it must meet the conditions in the definition. In the study, first of all, the relevant provisions were examined, then it was studied to determine whether a practice is aggressive or not. The elements of the aggressiveness of the practice, the weight that will disrupt the freedom of choice of the average consumer, and thus the fact that the consumer is a party to a legal transaction that under normal conditions is not discussed.