We referred above to Shachar's remarks regarding the content of the talks. The accuser seeks to find in the picture that emerges from the outputs support for the privileged arrangement, according to which the other participants will submit higher bids than those of Wei in order to allow Wei to win. However, the outputs of the online pricing indicate that throughout most of the online pricing, the other participants submitted price quotes at prices that were decreasing, and that at certain stages and towards the end of the pricing, they even submitted lower price quotes than those of Wei, sometimes by a considerable margin (see Gilad's proposal (10:10); Shohat's proposal (10:11); Wischnitzer's proposal (10:13)). This conduct does not speak for itself as conduct that is the result of agreement or understanding of the submission of coordinated proposals that will be higher than Wee's proposal. As we saw above, Shahar himself stated, in one place, that he wanted to offer higher prices "... But the competitors lowered the price and we were also forced to lower it" (P/557(5), paras. 924-926), in a way that could raise a question mark regarding the alleged arrangement and also reconcile with a scenario according to which Shahar asked the other participants not to lower prices, but the latter did not respond to him. Indeed, the very frequent telephone conversations during the pricing, together with the arrangement made at the stage of the bidding process (in respect of which the consent of Gilad Weischnitzer was proven beyond a reasonable doubt), point to a real possibility that the prices of the bids were all coordinated and submitted in order to present the funder with a false representation of competition – in the form of an ongoing show concocted by the participants, and nothing more. However, no evidence was presented that this was the case, that the participants agreed at dawn behind the scenes the individual prices they would submit, including prices lower than the Wii bid for the purpose of misrepresenting the competition. Shachar himself did not describe the course of things in this way.
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