Personal Liability In Competition Investigations: Insights From Recent Board Decision

The Turkish Competition Board assessed the price-fixing and sanction mechanisms between driving schools and the consultancy company as a cartel and imposed an administrative fine of TRY 111,904.28 on the company and TRY 5,595.21 on the executive who had a decisive influence. The decision demonstrates that companies contributing to the facilitation of a cartel, as well as executives playing a decisive role in the infringement, may also face personal liability. In this respect, the decision once again highlights the importance of competition law compliance programs for undertakings.

Introduction

After a long pause, the Turkish Competition Authority (“Authority”) imposed an individual monetary penalty on a company executive. In this context, the Authority launched an investigation into a company that provides consulting and auditing services to private motor vehicle driver training schools and motor vehicle driver training schools. As part of the investigation, on-site inspections