Israel (1988)

Score = 17

Governed by: Restrictive Trade Practices Law 5748 of 1988 (hereinafter referred to as “Competition Law”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	0
Remedies	Fines	1	Article 47 allows the Tribunal to impose fines and imprisonment for violations of certain sections of the Act.
	Prison Sentences	1	Article 47 allows the Tribunal to impose fines and imprisonment for violations of certain sections of the Act.
	Divestitures	1	Article 31 allows monopolies to be dissolved.
Private Enforcement	3rd Party Initiation	1	Article 46A allows 3rd parties to initiate a class action suit.
	Remedies Available to 3rd Parties	1	Article 46I(a) describes how the class action may receive pecuniary compensation.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	Article 20 requires notification of proposed mergers.
	Pre-merger	2	Article 20 requires notification of proposed mergers.
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	1	Article 21(a) says that a merger can be denied if it would significantly damage competition.
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	1	Article 21(a) says that mergers can be denied if they would injure the public.
	Other	0
	Efficiency	0
Dominance	Limits Access	0
	Abusive Acts	1	Article 29A(a) prohibits the abuse of a monopolist position.
	Price Setting	1	Article 29A(b)(1) lists price setting as an example of an abusive act.
	Discriminatory Pricing	1	Article 29A(b)(3) lists discriminatory contractual conditions as an example of an abusive act.
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 2(b)(1) of the Competition Law lists price setting as a restrictive trade arrangement.
	Tying	0
	Market Division	1	Article 2(b)(3) of the Law lists market division as a restrictive trade arrangement.
	Output Restraint	0
	Market Sharing	1	Article 2(b)(4) of the Law lists agreements to control the quantity of services in the market as a restrictive trade arrangement.
	Eliminating Competitors	0
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	0
	Efficiency Defense	1	Article 9 says that the Tribunal may allow a restrictive trade arrangement for reasons relating to the public interest such as efficiency.