(b) If the right stated in subsection (a) is included in the list of rights, the regulator shall not assign the said right unless it has considered considerations of promoting sectoral competitiveness as stated in subsection (a), in consultation with the Competition Commissioner.
It should be said that the "list of rights" mentioned in this section is a list published by The Competition Commissioner (hereinafter also: The Supervisor) by virtue of Section 13 to the Concentration Law, which includes rights whose allocation he believes has a significant impact on competition. It should also be said that One of the rights listed in this list is a commercial importer license of the direct importer type, which is the license that is the focus of our case.
- In addition to the conditions for granting the various licenses, the Licensing Law grants the Director in certain circumstances the authority to refuse to grant or renew a license, and even the power to revoke, suspend or restrict it. Sections 8 and 10(a) of the Law state as follows:
- The Director may refuse to grant or renew a license to an applicant even if the applicant meets the conditions for obtaining the license, if the applicant has been convicted of a criminal offense or a disciplinary offense, due to its nature, severity or circumstances, he is not fit to engage in the provision of vehicle service or a profession in the automotive industry for which he requested the license, or if he has been indicted for such a criminal offense and a final judgment has not yet been issued in his case. As long as he gave him an opportunity to argue his claims.
- (A) The Director may revoke a license, suspend it until conditions are met, limit it or refuse to renew it, after giving the license holder an opportunity to argue his claims, if the license holder fulfills one of the following:
(1) the license was granted to him on the basis of false or misleading information;
(2) he has ceased to engage in the occupation of the subject of the license;