The remaining defendants in this indictment, the companies Wei and Harel, are charged with an offense of being a party to a restrictive arrangement under section 47(a)(1) of the Law as drafted at the relevant time, together with sections 2(a), 2(b)(1), 2(b)(3), 4 and 55a(b) of the Competition Law, together with section 23(a)(2) of the Penal Law. In the indictment, Oshri was attributed the responsibility of officers by virtue of Section 48 of the Competition Law.
Discussion
The Coordination Arrangement
- This indictment concerns a proceeding held by ELTA prior to the purchase of old servers.
- Relevant evidence to this charge was the testimony of Alex Gendelman (Gendelman). As we saw above, Gendelman worked at Elta as an IT team member, in the field of computing and communication in projects, that is, on the project side and not on the procurement side (see paragraph 478 above). It was Gendelman who asked for the price quotes for the purchase of the old servers, the subject of the fourteenth indictment. Shachar also testified regarding this charge.
- In mid-November 2011 or thereabouts, ELTA was interested in purchasing old servers. Gendelman apparently approached Shahar and Gilad on the matter, apparently at the same time, in order to obtain price quotes for the old servers that were demanded (as Exhibit No. 2 of P/102 and P/103; it seems that Gendelman contacted Shahar and Gilad first orally and later in writing; the claim that Shahar knew about the demand before Gilad has no real basis, it is inconsistent with the aforementioned documents, and in any case there is no real weight to Shahar's testimony on the matter with a casual approval of what was offered to him by the defense. 3417, s. 17 - p. 3418, s. 3).
- On November 15, 2011, Shachar sent an email informing Gilad that in the coming days, a civil appeal would be filed with Gilad requesting a price quote for old servers for Gendelman from Alt. Shachar attached to the email an offer titled "HAREL" for a total of $61,962 and asked Gilad to send to a civil appeal the offer he attached: "Please send him the above offer" (P/102; Apparently, Shahar made a mistake in the contents of the servers that Elta required, and this was corrected later; See Gendelman's testimony, p. 847, paras. 18-20; p. 848, paras. 6-7; As we will see below, these matters are of no importance, since at the end of the day, Wei and Harel submitted proposals in accordance with the required contents and after coordination; Shachar's email also included a reference and a suggestion to Tadiran that was not included in the indictment).
Earlier that day, in preparation for the intended coordination, an internal correspondence was held between Shachar and Schiffer. Shahar asked Schiffer to "send me proposals for the truth and Harel", which was later attached to the correspondence of the proposal that Shahar asked Harel to submit to Elta (P/304).