Zeiger was aware of the coordination arrangement and was a party to it – his version of how he perceived the email correspondence as manifestly unreliable should be rejected
- On the level of Zeiger's awareness, that is, with regard to the mental element, Zeiger and Harel argued, as stated above, that Zeiger was not aware of the price coordination between Shahar and Gilad, which was made behind his back. In this context, Zeiger and Harel raised, in essence, two alleged explanations for the manner in which Zeiger understood the conduct and the e-mail correspondence in which Gilad sent him prices and price quotes of V and Triple C (P/352, P/116).
According to one explanation, when Zeiger received the emails from Gilad, he thought that they were price estimates, that is, Gilad's estimates in relation to the prices that competitors could offer for a civil appeal for the contents of the equipment in the MPR(X) aircraft (para. 782 of Harel's summaries with reference to Zeiger's testimony, p. 5371, paras. 15-17; see also p. 5369, paras. 17-18, p. 5370, paras. 4-5 (with reference to T/352). p. 6085, paras. 20-26; P/220, paras. 200-204, paras. 218-220). Zeiger testified that they are conducting price tests and assessments to ensure that the price that Harel will give to the customer will be better than that of the others and that Harel can win the deal (P. 6078, paras. 23-27, p. 6079, paras. 9-21; and see also: P/220, paras. 204-200, Gilad examined the feasibility of what price the other companies can offer, despite the agreement of the Comptroller General, the Civil Appeal is constantly examining other companies as well).
According to a second explanation, the prices and price quotes of the V and Triple C that Gilad sent to Zeiger can also relate to purchase prices from Harel to competitors, i.e., the prices at which Harel offers competitors to buy the equipment from it, and that – in my understanding – this is the argument – this is how Zeiger understood the matter (para. 783 of Harel's summaries; see also Zeiger's testimony, p. 5377, paras. 1-5, where Zeiger raised the aforesaid explanation, Following questions that had a prominent dimension of guidance and direction after he had difficulty answering the court's questions regarding the other explanation, see p. 5373, para. 22, p. 5374, paras. 24-25, p. 6061, paras. 15-16 (ibid., retracting the first explanation); p. 6084, s. 24-29, p. 6085, s. 8-18).
- Zeiger's claims and versions should be rejected. They are inconsistent with the real-time documents and the picture that emerges from the evidence. In the circumstances of the case, they make no sense. Zeiger's testimony on these matters was mine-based. Contradictions were discovered in it. Zeiger got into trouble with his words and had difficulty answering the questions he was asked. His testimony cannot be trusted. We will explain briefly.
- The claim that Zeiger thought it was competitors' price estimates -
We saw above that on the evening of March 13, 2023, Gilad sent two e-mails to Zieger. one in which he wrote to Sayeger "This is a companion" and "I have not yet sent" to which a price quote was attached (P/352); The second to which Gilad attached three price quotes, one from Harel and two others without a logo, in which Gilad wrote to Zeiger, "I have not yet sent to anyone", "CCC=$ 364,691", "WE=$ 357,646", "HAREL=$ 332,578 (P/116).