In summary, the additional evidence does not change the conclusion that Peretz made false predictions in order to obtain true suggestions.
- In view of the aforesaid, the defense's arguments should not be accepted and do not change the incriminating conclusion.
The Tenth Charge: The Result
- The result of the aforesaid is that it has been proven, beyond a reasonable doubt, that the coordination and restrictive arrangement regarding Balam Galactica between Wee, Harel and Zeiger, according to which Wei will submit a high price quote (by way of a low discount percentage) in order to enable Harel to win. Therefore, and in view of the reasons detailed above, I convict Wey, Zeiger and Harel of the offense of being a party to a restrictive arrangement under section 47(a)(1) of the Competition Law, as drafted on the eve of the commencement of Amendment No. 21, together with sections 2(a), 2(b)(1), 2(b)(3), 4 and 55A of the Competition Law, as well as of the offense of fraudulent receipt under aggravated circumstances, under section 415 of the Penal Law. With respect to the defendant companies – Wei and Harel – the conviction is also based on section 23(a)(2) of the Penal Law.
Oshri - Section 48 of the Competition Law - Officer's Liability
- As part of the tenth indictment currently under consideration, an offense was attributed to Oshri under Section 48 of the Competition Law.
- For the reasons detailed above in the hearing of section 48 in connection with the previous charges, here too it was proven that Oshri had the elements of the offense under section 48 of the Competition Law in relation to the tenth charge and the date on which it was committed: Oshri was an active manager of Weeway; Wei was convicted of the offense of a party to a restrictive arrangement in the charge here; And Oshri was not able to prove that he did what was necessary for the purpose of supervision and to prevent violations of the Competition Law.
The Eleventh Charge
The Eleventh Charge: Project Oranim - Balam from September 2011
- In the eleventh indictment, the defendants were charged with two restrictive arrangements, one in relation to the submission of bids in response to a request for price proposals, and the other in relation to the submission of bids through an internet bidding that took place subsequently.
The eleventh indictment was directed at Shahar, Oshri and Wee, Gilad and Harel, Wischnitzer and A.M.T., as well as at Shochat and Matrix.