Indeed, as a rule, there is room to give too much weight to the words that Shachar said contrary to the interest, in our case: regarding the agreement of the other participants to his request not to lower the price "too much". At the same time, however, in light of other versions given by Shahar, Shahar's remarks in and of themselves do not establish a clear and unequivocal version regarding the content of the talks, the alleged arrangement and its content. This is when there is no independent, objective view of the content of the communications between the suppliers in the online pricing.
- Cellcom Phone Call Outputs and Online Pricing Outputs – The accuser sought to build from the picture that emerges from the telephone call outputs from Cellcom and the outputs of the online pricing system, and from the combination of the matter, as circumstantial evidence that supports the arrangement attributed at the online pricing stage.
In Appendix C to her summaries, the accuser presented the aggregate chronological picture obtained from the combination of telephone call data and online pricing emissions. This evidence shows, as stated above, that many conversations were held between the bidding participants during the pricing, in close proximity to the time before bids were submitted, after bids were submitted, and even during the submission of bids (ibid., support for this also emerges from Shohat's own statements, P/240, paras. 537-538; although there is substance to Shohat's claims that no synchronization between the Cellcom clock and the SV system clock has been proven, in a way that makes it difficult to determine unequivocally that a conversation recorded at a certain time in the telephone call output coincides with an action attributed to that The time in the online pricing output; During the trial, e-mail correspondence was also presented, indicating that the clocks of different systems were not always synchronized (see, for example, the discrepancies in the time records in P/102 (internal discrepancies) and P/142; P/452 vs. P/614); However, this does not change our case; In view of the large number of calls during the bidding, as evidenced by both the testimonies and the call outputs from Cellcom, it is clear that the participants spoke frequently and also in close proximity to the deadlines for submitting the proposals).