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Criminal Case (Jerusalem) 54589-02-17 State of Israel v. Oshri Sharon - part 43

May 31, 2026
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These arguments should not be accepted.  They seek to find in Mordechai's testimony what is not in it, and ignore the clear picture that emerged from Mordechai's testimony as a whole.

Mordechai testified explicitly that in Balam Indra there was also competition between the suppliers (e.g., p.  1162, paras.  1-3).  Sometimes he referred to himself as someone who "made the competition" (e.g., p.  1262, paras.  4-7).  Sometimes he described himself as the one who only "received the price quotes" for Indra who was the one who "made the competition" (and not him), that is, she was the one who chose the supplier from whom she would purchase and could negotiate with him (e.g., p.  1196, paras.  11-15).  In any case, it is clear from the evidence that in the case of Indra, Mordechai asked the defendant companies - Wee, Harel and Triple C - for bids for Indra in order to conduct a competitive proceeding, and that at the end of the proceeding, Indra chose to purchase the equipment from Wei, whose offer was the cheapest of the bids (e.g., p.  1181, paras.  1-3, p.  1195, paras.  18-23, where Mordechai testified that Indra chose Wei as a supplier after "it was the cheapest because of Shahar's coordination and cunning...", p.  1195, paras.  18-23, p.  1198, paras.  21-22).

Indeed, in his testimony, Mordechai distinguished between competition between manufacturers and competition between suppliers.  Mordechai called the competition between the manufacturers, which according to him apparently has a greater potential for influence, "most of the competition" (p.  1146, paras.  19), "real competition" (p.  1146, para.  14) or "the big game" (p.  1161, paras.  7-8).  With regard to competition between the suppliers - in the case of the companies accused of being IBM's authorized suppliers - he explained that the intention is competition over the suppliers' margin, their profit margins, and the rate of discount they can give.  Mordechai estimated that this was a competition for a margin of about 5%, and possibly even more, in light of the correspondence in which Shahar wrote to Gilad and Naveh that Wei's offer was about 11% lower than Harel's offer (p.  1162, paras.  1-10, p.  1147, paras.  1-6).  Mordechai referred to the competition between the suppliers as "the small competition" or "the smaller competition" (p.  1162, paras.  1-2; p.  1196, s.  6).  As he testified, in this competition - the competition between IBM suppliers - and it was Wii that won (p.  1196, s.  6).  Even if the effect of the competition between the suppliers is smaller, this does not change the conclusion that this is a competitive proceeding and that the coordination between the suppliers and the defendants is prohibited (and see also the testimony of Shkedi, p.  1931, paras.  12-17; the testimony of Ronen Zagori (Zaguri), at p.  2208, paras.  14-17).

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