Legal Updates

Exemption from approval of restrictive agreement will continue even where market share increased by up to 10%‎

August 8, 2016
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The Israeli antitrust law is designed to prevent businesses from placing obstacles on the normal course of competition in the market. The law prohibits the existence of a cartel (or, "restrictive agreement") which is defined as any kind of agreement limiting competition. Such an agreement need be pre-approved by the Antitrust Commissioner.

In order to facilitate the conduct of the market, the antitrust rules set a list of arrangements specifically defined as not constituting a restrictive arrangement and are exempt from approval. Among others, a maximum market share was set by the rules and if such shares is not passed an arrangement does not require pre-approval. An amendment to the rules now sets that in case of an increase of the market shares by less than 10% the arrangement will continue to be legal for up to 5 years from the beginning of the deviation. This amendment will enter into force March 15, 2017.