Evaluation of the Geographical Limitation Requirement of the Prohibition of Competition Clause in the Light of the Decisions of the Court of Cassation

In the Turkish law system, the prohibition of competition is regulated under Article 444 of the Turkish Code of Obligations ("TCO"), and the restrictions, which constitute the subject matter of this article, are regulated under Article 445 of the TCO as follows;

"The prohibition of competition may not contain unfair restrictions to compromise worker’s economical future in an appropriate form for time and types of work and the term of prohibition may not be more than two years except for specific cases and conditions.

The judge may limit the prohibition of competition by freely evaluating all conditions and circumstances as well by considering counter-performance of the employer in a just manner for the scope or time.”