Caselaw

Appeal Petition/Administrative Claim 23432-11-24 Metro Motor Marketing (1981) Ltd. v. Ministry of Transport and Road Safety Vehicle and Maintenance Services Division - part 5

March 12, 2026
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Against the background of the above, the Authority recommended to allow the appellant to continue to hold only one license among the products of Sun Young and Yamaha.  It was noted that:

"Although Sun Young and Yamaha scooters are not the closest competitors to each other, by splitting between the two products and importing them by two different importers, competition can develop between Sun Young scooters and Yamaha scooters because each importer will have an incentive to increase sales of the brand they import as much as possible.  In addition, a split between the two brands is likely to reduce [the appellant's] bargaining power vis-à-vis its authorized garages.  Accordingly, it is likely that the barriers to entry and expansion facing the other small importers will be reduced, which is also expected to promote competition in the import and sale of scooters."

  1. In another opinion dated February 14, 2023, regarding the application for an import license for Yamaha and Kawasaki products, it was stated that the Appellant's market share in relation to these manufactured motorcycles was 40% in the years 2020-2022, and that a comparison of the products revealed that:

"There is some substitution between the models of the two products being examined, Yamaha and Kawasaki.  This substitution is expressed, among other things, in the characteristics of the motorcycles, in particular the pleasant volume and price.  The examination shows that, in general, alongside certain price differences between the products, there is a substantial overlap between the prices of Yamaha and Kawasaki road motorcycles [...].  Therefore, it is reasonable to assume that the pricing of the various models is done in a manner that best serves the company's interest and does not necessarily best describe the degree of potential competition between the two products, in the event that they were imported by two different importers competing with each other.  [..] In light of all of the above, it can be concluded that the Yamaha and Kawasaki products constitute two substantial products, competing with each other over the competitive continuum of all road motorcycles imported to Israel."

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