These are different engagements, in two substantially different transaction outlines, where the financial scope of the ELA transaction typically exceeds the annual license renewal (Shahar, p. 3052, paras. 9-11; Weinschel, p. 684, paras. 21-23; Rezinsky further testified that these are transactions that are handled differently from the point of view of the manufacturer, VMware, and that, unlike the ELA transaction, VMware is not involved in licensing renewal and support transactions, and these are done through IBM, p. 2555, paras. 3-23).
As we will see below, at the end of the day, it was the ELA deal that was executed, and the price quotes received in response to the license renewal agreement did not mature into procurement and engagement. These have become redundant in light of the closing of the ELA deal.
- As stated above, the fifteenth charge now under discussion revolved only about the alleged coordination of the proposals submitted in response to the license renewal bill – i.e., proposals for the renewal of the license for 2012 only – and not on the conduct in connection with the ELA
Below we will see that it was Anna Winschel (Weinschel), a procurement and software proprietary at Maman (p. 599, paras. 17-18), who approached the companies for a request for price quotes for the renewal of licenses for 2012. Weinschel was the one to whom the bids were sent by the Balam, after Shahar and Gilad allegedly acted to coordinate the bids between them so that Harel's bid would be higher than Wee's. Avi Menashe (Menashe), a veteran procurement man at Maman, who was responsible for the procurement of storage and backup products at Maman, and Leshem's assistant, the Maman procurement manager (p. 1388, paras. 1-11, p. 1528, paras. 5-13) – who was at the center of the conduct in connection with the ELA transaction – was not involved in the license renewal campaign. Weinschel went on maternity leave the day after receiving the offers in response to the BM. Afterwards, Maman did not proceed to engage on the basis of the offers.