The Restrictive Trade Practices Law, 5748-1988 (the Law) is the primary law dealing with antitrust issues in Israel and its objective is to prevent harm to competition or the public. The Law contains the substantive rules that apply to the various restrictive trade practices (restrictive arrangements; mergers; monopolies; concerted groups).
In addition, the Law encompasses rules concerning the structure and the powers of the Israeli Antitrust Authority (the IAA), the director general of the IAA (the director general) and the Antitrust Tribunal (the Tribunal), as well as procedural rules that apply to cases brought before each of them.
Recent years have been characterised by a trend for strengthening the position of the IAA; increasing administrative enforcement as well as the focus of the IAA on its advisory capacity within the government; and increasing civil ‘follow-on’ class actions against international cartels.
Restrictive arrangements control regime Definition Section 2(a) of the Law defines a restrictive arrangement as an arrangement, between persons (including legal entities) conducting business, according to which at least one of the parties restricts itself in such manner that might prevent or reduce competition between the person and the other parties to the arrangement, or any of them, or between the person and a third party. Section 2(b) of the Law also provides conclusive presumptions that an arrangement involving a restraint will be deemed to be a restrictive arrangement if it relates to:
• the price to be demanded offered or paid; • the profit to be obtained; • market allocation; and • the quantity, quality or type of assets or services in the business.
With regard to the extraterritorial application of the restrictive arrangement control regime – the IAA applies the ‘effects doctrine’ in order to acquire extraterritorial jurisdiction over restrictive arrangements, including cartels executed outside of Israel which harm competition in Israel.
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