Individual Liability within the Scope of the Competition Board’s Decision No. 25-41/1016-582

Pursuant to Article 16(4) of Law No. 4054 on the Protection of Competition (“Law”), administrative fines of up to 5% of the fine imposed on the undertaking may also be imposed on managers or employees who are found to have had a decisive influence on the infringement.

1. Subject of the Case

In its examination, the Board determined that motor vehicle driving schools operating in Aydın province and True Özel Araştırma ve Danışmanlık Limited Şirketi (“TRUE Danışmanlık”) formed a cartel agreement by jointly determining driving license training fees, constituting price-fixing.

The findings in the case file reveal that common price lists were established through protocols and supplementary agreements, that sanctions were foreseen for non-compliance with the determined prices, and that competition was effectively eliminated in this manner. Accordingly, price competition among the undertakings was effectively removed.

2. Identified Infringement and Allocation of Roles

The Board concluded that the case involved a classic cartel structure. However, a notable aspect of the decision is its focus not only on the relationship between undertakings, but also on how the structure was established and by whom it was operated.

In this context, the Board found that TRUE Danışmanlık:

• Took part in the protocols executed among the driving schools (even if not signed by authorized person),
• Ensured communication and coordination among the undertakings,
• Organized the implementation and monitoring of the pricing system

and therefore played an active and facilitating role in the establishment and continuation of the cartel.

3. Individual Liability: Assessment for Managers and Employees

The most significant aspect of the decision is that the infringement was not assessed solely at the corporate level, but also involved a separate evaluation of liability for natural persons involved in the process.

In this respect, the Board determined that the manager of TRUE Danışmanlık:

• Contributed to the establishment of the cartel agreements,
• Managed coordination among the undertakings,
• Played an active role in the operation of the pricing and monitoring mechanism

and therefore had a decisive influence on the infringement.

This approach demonstrates that, in competition law infringements, liability is not limited to being part of an organization; individuals who contribute to or direct the process may be held personally liable.

4. Administrative Sanctions Imposed

Following its final assessment, the Board imposed: An administrative fine of TRY 111,904.28 on TRUE Danışmanlık for participating in the infringement as a cartel facilitator, and a separate administrative fine of TRY 5,595.21 on the company’s manager, on the grounds that they had a decisive influence on the formation and continuation of the infringement.

This clearly shows that competition law sanctions may affect not only the financial standing of companies but also the personal financial liability of individuals involved in decision-making processes.

5. Conclusion

This decision demonstrates that competition law infringements now constitute a concrete and personal risk not only for companies but also for managers and employees.

In particular, individuals who take an active role in the establishment or continuation of an infringement, manage the process, or act as facilitators may be subject to administrative fines in their personal capacity, independent of the undertaking.

Accordingly, competition law compliance should not be limited to corporate policies; employees must also be aware of these risks and act accordingly in their daily business practices. Companies, on the other hand, should establish clear boundaries and effective control mechanisms, particularly in processes involving contact with competitors, pricing, and coordination.

Otherwise, the consequences of an infringement may affect not only the company but also the personal liability and financial situation of the individuals involved in decision-making processes.

You may access the relevant Board Decision here.


Aslı Kınsız, Managing Associate
Ece Koçlar, Trainee Lawyer