Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Where the findings of the investigation show an infringement of the Act has been committed, the ICA will first conduct a hearing of the parties, and then issue a determination under Section 43. Thus, the ICA General Director may determine that an arrangement constitutes a restrictive arrangement; or that a course of action established or recommended by an industry association constitutes a restric …

Proceedings before the ICA

The ICA has the power to bring civil and criminal actions.

Alongside the powers of the ICA, the 1988 Act also provides that all persons may seek a remedy under the Torts Ordinance, since any act or omission contrary to the provisions of the 1988 Act may constitute a tort (Section 50).

The investigatory powers of the ICA are set out in Sections 45 and 46 of the 1988 Act. They include:

- ordering any person related to a violation of the Act, or any person who may have information regarding such violation, to report to them for an investigation, to accompany them for an investigation and to provide them with any detail, document or information relevant to such violation;

- ordering such persons to provide all information, documents, ledgers and other certificates which, in the opinion of the General Director, would ensure or facilitate the implementation of the Act;

- detaining, arresting and releasing any person who has committed an “arrestable offense”;

- entering into any business premises and search there (entry into residential premises is possible only in accordance with a search warrant handed down by a court of competent jurisdiction);

- seizing any Section, including computer material, that may serve as evidence in a hearing of an offense.

Complaints and investigations

Where the findings of the investigation show an infringement of the Act has been committed, the ICA will first conduct a hearing of the parties, and then issue a determination under Section 43. Thus, the ICA General Director may determine that an arrangement constitutes a restrictive arrangement; or that a course of action established or recommended by an industry association constitutes a restrictive arrangement; or that a concentration group constitutes a monopoly; or that a monopoly has abused its position in the market.

Where the General Director finds there are grounds for criminal proceedings, and after having heard the concerned parties, the ICA will file an action before the District Court of Jerusalem.

Operators seeking to reach an arrangement, but uncertain as to its validity, may also submit an application for a pre-ruling opinion of the General Director (Section 43A). In 2004, the General Director issued Rules for pre-ruling detailing the applicable procedural rules. A pre-ruling is not a substitute for a decision by the General Director. However, this does not deny the parties the right to rely, within the framework of a request for a final decision, on the pre-ruling. If the General Director, in its pre-ruling, undertakes not to invoke an enforcement measure in regard to an action or a transaction, no enforcement proceedings shall be undertaken against the recipients of the preruling unless it is found that the latter did not present all relevant facts or that the circumstances under which the pre-ruling was given have changed. In addition, a previously issued pre-ruling may be modified or rescinded if the General Director believes that it is justified.

Finally, the General Director may request from any court of competent jurisdiction or the Tribunal, in lieu of proceedings, to accord the force of a ruling to a consent agreement reached between the General Director and another person. Such consent decree may be reached without admission of liability and may include, inter alia, an obligation by the person to pay a sum of money to the State Treasury, and a commitment by such person to take a specific action or to refrain from taking a specific action. In the case that the Court decides not to grant the consent decree, any document disclosed for the purpose of such proceedings, shall not be admissible as evidence in any other legal proceedings.

Pursuant to Section 50A relating to Restrictive injunctions, the General Director may request the President of the Competition Tribunal to order any person not to take an action which violates the provisions of the Act, and to give security to such effect; or to order any action necessary for the prevention of such violation.  

Interim relief

Third parties can claim damages before ordinary courts and class actions are available under the Class action Act 2006.

Global Competition Law

1020. Proceedings before the ICA

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Les notions juridiques connexes

1020. Proceedings before the ICA

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise