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

The ICA published its Leniency Program on 18 June 2005. The immunity program applies only to cartel-type restrictive arrangements, i.e. any arrangement between competitors, in which the competitors fix prices between themselves, set quotas or divide the market between themselves, according to territories, clients or type of products. Bid rigging between competitors, such as an agreement between co …

Leniency

The ICA General Director can apply to the Competition Tribunal to obtain a cease and desist order.

Cease and desist orders

Imprisonment of up to five years, or a fine of up to ILS 4.5 million (US$ 1.3 million) for undertakings and ILS 2.2 million (US$ 640,670) for natural persons is incurred by: i) any party to a restrictive arrangement which has not been properly approved and for which no temporary permit or exemption has been granted; ii) any person who violates a condition pursuant to which a restrictive arrangement was approved or pursuant to which a temporary permit or exemption was granted; iii) a monopoly that abuses its market position, provided that the offender's intention to reduce competition in the market or to harm the public has been proven; iv) a monopoly that does not comply with an instruction given to it by the Competition Tribunal, or which violates a monopoly divestiture order; v) a person violating a temporary order given by the Competition Tribunal's Chief Judge or by the Competition Tribunal, or any other order that was given by the Competition Tribunal for the purpose of assuring compliance with a Tribunal decision. Since the 2019 amendments, corporate officers also may incur a fine and jail time where they fail to implement and supervise a compliance program.

Criminal sanctions

The ICA published its Leniency Program on 18 June 2005. The immunity program applies only to cartel-type restrictive arrangements, i.e. any arrangement between competitors, in which the competitors fix prices between themselves, set quotas or divide the market between themselves, according to territories, clients or type of products. Bid rigging between competitors, such as an agreement between competitors in which the competitors agree upon the identity of the winner, the identity of those who will submit bids or the terms of the bids, is also counted as a cartel-type restrictive arrangement.

Immunity will be granted only to the first applicant who comes forward to the Authority, from among the cartel members, before an overt investigation has begun. The applicant must provide the Authority with full information, which is all the information known to him, all evidence that is within his reach and all the information and evidence that will come to his reach relating to the cartel that the applicant is part of, provided the information and the evidence are substantial.

The applicant must also have terminated its participation in the cartel and commit not to expose the essence of the application to any third party (except to its attorney), unless it received the consent of the Authority. Immunity is conditioned upon providing full and continuing co-operation with the Authority. However, immunity will not be granted if the applicant is the clear leader in the cartel.

Breaches of the Economic Competition Law may be punished by an administrative fine since the 2012 amendments. The ceiling of the fine was raised by the 2019 amendements from ILS 24.5 million (US$ 7.13 million) to ILS 100 million (US$ 29.12 million). However, the amount of the fine may not exceed 8% of the group's turnover. The fine imposed on a natural peron may not exceed ILS 1 million (US$ 291,240).

Global Competition Law

1025. Leniency

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Les notions juridiques connexes

1025. Leniency

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