In any event, case law has already determined, more than once, in the context of international restrictive arrangements, that the court in Israel is the appropriate forum to hear motions to certify a class action for the damages caused as a result of the restrictive arrangement to Israeli consumers, both because the court in Israel is the forum with the most affinities and in view of the public considerations by virtue of which the Israeli court has a real interest in hearing and deciding the proceeding. In the framework of which the Israeli class members will be able to win compensation for damages caused to them in Israel (if proven) as a result of an international cartel (compare: Class Action (Center) 23139-05-16 Lenoel v. Royal Phillips Electronic N.V. (May 2, 2019) (at paragraph 59 of the decision) and Class Action 10812-11-14 Merom v. Royal Phillips Electronic N.V. (May 2, 2019) (at paragraph 57 of the decision); appeals heard jointly against these two decisions were dismissed - Appeal against Registrar's Decision 41917-05-19 Royal Phillips Electronic N.V. v. Lenoel (December 11, 2019); Civil Appeal Authority 1152/20 Royal Philips Electronic N.V. v. Lenoel (July 20, 2021) (hereinafter: the Phillips case); see also Additional Decision from Class Action (Center) 23139-05-16 (Decision of September 19, 2022, at paragraph 36 of the Decision); Class Action (Center) 53990-11-13 Success of the Consumer Movement for the Promotion of a Fair Economic Company v. AU Optronic Corporation (March 6, 2016).
The test of reasonable expectations also supports this conclusion, and in this context I will refer to what has been determined in the matter Phillips According to them, "it is difficult to accept the existence of a 'reasonable expectation' in connection with a restrictive arrangement, but in any event, a party to such an arrangement should expect that a claim against it may be clarified in the country where the damage was caused" (paragraph 46 of the decision in the IRAP). This is also in line with the apparent trend in case law regarding international corporations whose activities are weak or influential even outside the borders of the country in which they operate.