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October 9, 2021
How about a “Go to Jail” agreement?
Competition
An article on the liability of directors and officers to antitrust offences of the corporation
November 28, 2020
On restrictive arrangements and criminal liability of corporate officers
Competition
An article on the personal criminal liability of officers o restrictive trade arrangement offences by the company and the manner in which it may be avoided.
February 9, 2019
The Economic Competition Law, Restrictive Arrangements and Prison Sentences
Competition
A software company develops a successful product that allows easy payment by credit card and offers it to business owners. The provider of the accounting system to such businesses, however, in an attempt to prevent the software company from penetrating the market, makes it clear to the business owners that if they work with that […]
November 8, 2016
The Ageing VBER – The Deceiving Simplicity of A Schema
International Transactions and Dispute Resolution
The ageing VBER – the deceiving simplicity of a schema The EU Block Exemption Regulation 330/2010 on Vertical Agreements (“VBER”) is still valid until 31 May 2022. However, when applying the VBER to vertical agreements in practice, experience shows that the VBER, in (seemingly) more and more cases, proves to be too schematic and therefore […]
October 28, 2015
Horizontal and Vertical Restrictive Arrangements
Competition
A restrictive arrangements that was not preapproved by the Antitrust Tribunal is a criminal offense of all parties to the arrangement. Additionally, criminal liability is attached also to directors and officers of corporation who are parties to such arrangement. The Israeli Antitrust Law defines a restrictive arrangement very broadly to include any arrangement “entered into […]
August 4, 2015
Amendment to Israeli Antitrust Law – Cancellation of the Blanket Exemption for Reciprocal Distribution Agreements
Competition
The Israeli Restrictive Trade Practices Act, 1988, is designed to prevent businesses from placing “obstacles” on the normal course of competition in the market. Inter alia, the Act prohibits the existence of a cartel (or, “restrictive agreement”). The Act defines a restrictive agreement in a very wide way to include any “Arrangement entered into by […]
July 8, 2015
The Risk in Breach of M&A Transactions Antitrust Obligations
Mergers and Acquisitions
A merger transaction may require to be reported to the Israeli Antitrust Authority and in some cases the actual approval of the Antitrust Commissioner. The Antitrust law may also create a personal liability for directors and senior officers in the company in the event of a breach of the law, and from 2012 also allows […]
February 18, 2015
Administrative Enforcement and Disclosure Requirements in Transaction with a Public Company
Business, Corporate and Joint Ventures
One of the vital elements of a merger and acquisition transaction is the confidentiality of the transaction and its details. However, when the transaction is with a public company such company will be subject to certain immediate reporting obligations. Until recently, a public company failing to report faced years long criminal proceedings, but a 2011 […]
July 9, 2014
Personal Liability of Directors and Officers for Antitrust Offenses
Competition
At the beginning of 2014, Justice Moshe Yoad HaCohen convicted a number of senior executives of the “Shufersal” chain of charges of attempting to enter a restrictive arrangement and of violating the terms of a merger between Shufersal and Clubmarket. This merger was considered problematic due to the reduction of competition in the market and […]