Imposing Administrative Monetary Fines on Employees: Fair or Foul?

Gönenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-at-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 237-55 (2018)

29 Pages Posted: 21 May 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Ezgi Hepşen

ELIG, Attorneys-at-Law

Gözde Çevik

ELIG, Attorneys-at-Law

Date Written: March 2018

Abstract

The competition enforcement policies of public authorities aim to prevent infringements against competition law rules, and the sanctions imposed against anti-competitive behavior seek to punish and deter such behavior. However, without sufficient individual penalties against anti-competitive conduct, infringements often seem rather advantageous and beneficial for undertakings. This paper evaluates pros and cons of imposing monetary fines on employees by giving various examples from the policies of states such as Turkey, United Kingdom, Germany, France and United States that are noteworthy for applying monetary penalties against individuals for competition law infringements. Finally, the role of imposing fines on employees in order to reach the optimal level of deterrence was discussed in detail.

Keywords: monetary fines, competition law, antitrust, anti-competitive behavior, monetary fines against individiuals

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Hepşen, Ezgi and Çevik, Gözde Nur, Imposing Administrative Monetary Fines on Employees: Fair or Foul? (March 2018). Gönenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-at-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 237-55 (2018), Available at SSRN: https://ssrn.com/abstract=3174426

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Ezgi Hepşen

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Gözde Nur Çevik

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

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