An article in the Haaretz newspaper, December 2015, by Adv. Ronit Amir-Yaniv under the title "In the Name of Transparency." The article deals with the consequences of the lack of transparency in the decisions of the Antitrust Commissioner regarding horizontal mergers. The article describes a case study in which the Commissioner refused to publish detailed reasons for his decision to approve a merger under strict preliminary conditions ("Fix it First"), without detailing the competitive analysis underlying the decision. This laconic conduct severely damaged the parties' ability to defend themselves and file an appeal to the Antitrust Tribunal, which in practice delayed and completely thwarted the merger – even though the acquired company was in severe financial difficulties and on the brink of closure. The article proposes to improve the review process and require the Antitrust Authority to publish a detailed competitive analysis and reasons even in cases where conditions are imposed (and not only in cases of absolute refusal). The purpose of the proposal is to increase transparency, enable the parties to file a reasoned appeal to the Tribunal, and allow third parties in the market to more effectively trace the rationale and mindset of the Commissioner.
