Abstract:

The purpose of the Law on the Protection of Competition is to prevent, or prevent, contracts, decisions and practices that prevent, disrupt or restrict competition in the markets of goods and services, and efforts that dominate the market from abusing these jurisdictions, and to ensure the protection of competition. In order to this objective, the provisions of Article 4 and 6 of the Law specify forbidden behavior; administrative and legal sanctions that may arise in the event of violations of the Law are established. When taking into account the attempts on the subject of competition investigations, it is possible to see that attempts with an anonymous company character exist. This point makes sense of the question of the damage caused by the company due to competition violations, who will be liable under the law of the companies. The 6102 s. Articles 549 to 561 of the Turkish Trade Act regulate legal liability in anonymous companies. In this context, if a damage arises as a result of competition violations, an administrative penalty and compensation fees paid by an anonymous company, it may be subject to the responsibility of the board members or their managers, in accordance with TTK m. 553.

Abstract:

The purpose of the Act No. 4054 on the Protection of Competition is to prevent agreements, decisions and practices that prevent, distort or restrict competition in the markets of goods and services and to prevent the undertakings that dominate the market from abusing their dominance and to ensure the protection of competition. In order to achieve this aim, prohibited behaviours are specified in Art. 4 and 6 of the Act; administrative and legal sanctions that may arise in case of violations of the Act have been regulated. Considering the undertakings subject to competition investigations, it is possible to see that some of the undertakings are actually companies limited by shares. This issue brings to mind the question of who will be liable on the basis of company law for the damage to the company arising from antitrust violations. Articles 549 to 561 of the Turkish Commercial Code No. 6102 regulate the legal liability in companies limited by shares. In this context, due to the damages incurred as a result of the administrative fines and compensations paid by the companies for the violations of competition law, it may be possible to go the responsibility of the members of the board of directors and / or managers on the basis of Art. 553 of TCC

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