Criminal Case (Jerusalem) 54589-02-17 State of Israel v. Oshri Sharon - part 47

On October 25, 2009, Naveh submitted to Elta the offer of Triple C (P/4, P/154).  This proposal is discussed above.  This proposal was based on storage systems made by EMC and not by NetApp.  Its price was lower than the price stated in the coordination correspondence with Shahar and cheaper than the price of Wee.  Oshri testified that Triple C constituted a competitive threat and that he feared it, at least in the proposal that incorporates EMC storage systems (e.g., p.  4474, s.  23 - p.  4475, s.  6).  Subsequently, there was correspondence between Shahar and Oshri regarding the Triple C offer, and Oshri wrote that he would act on the matter with NetApp (P/292, P/293, N/235, N/236).  Oshri testified that he worked with NetApp in an attempt to convince ELTA that NetApp's solution was preferable to that of EMC (p.  4464, s.  21 - p.  4468, s.  6).  At the end of the day, Shahar reported that Mordechai understood that the alternative storage system proposed by Triple C was apparently incompatible with what was required (P/109, N/237).  What is important for our purposes is that from Oshri's testimony and his conduct it appears that Wei believed that Triple C might establish competition for her.  This is also contrary to the claim that Wei's win was promised in advance and that she had no fear of the other suppliers.  This is enough to reflect on the coordination that was made against Triple C.  Indeed, a few days later, Naveh forwarded to Shahar the NetApp proposal that he had submitted to Elta, whose price is higher than the price of Wee's offer, and Shahar forwarded the copy to Oshri (P/15, P/294).  In other words, now Oshri also knew the price of Triple C's offer, and this from Triple C itself.  Oshri testified that at this stage he understood that Triple C had lost the advantage it could have had in submitting an EMC storage system and that it was in an inferior position with regard to NetApp storage system (p.  4483, s.  7-12, p.  4484, s.  1-12).  In between, Shahar worked to promote the closing of the deal with Mordechai and to coordinate a meeting in which Oshri would also participate (P/109, N/237).  Here, too, Oshri's activity to deal with the Triple C bid does not contradict the coordination that was made before and after it, and the fact that the additional bids submitted by Wei (P/160, P/161) were also submitted with the coordination between the three companies in the background, and at the time of Value, it holds in its hands the price quotes of Harel and Triple C that the latter forwarded to it.