Israel

Cartel conduct is criminalised by The Restrictive Trade Practice Law 5748-1988 (the Antitrust Law).

The offence

It is a criminal offence to enter into a restrictive arrangement without the authorisation of the Antitrust Tribunal unless the arrangement has been specifically exempted by the general director or falls within a block exemption.

Section 2(1) of the Antitrust Law defines a restrictive arrangement as an arrangement made between two or more persons conducting business that restricts at least one party to the arrangement in a manner that may prevent or reduce competition.

Any arrangement involving a restraint to one of the following is automatically deemed to be a restrictive arrangement:

  • the price to be demanded, offered or paid;
  • the profit to be obtained;
  • market allocation; and
  • the quantity, quality of type of assets or services in the business.

Sanctions

Individuals

A maximum of fine of 2.2 million New Israeli shekels or three years’ imprisonment (five years’ in aggravated circumstances).

An additional daily fine of 14,000 New Israeli shekels may be imposed for each day that the offence persists.

Corporations

A maximum fine of 4.4 million New Israeli shekels.

An additional fine of 28,000 New Israeli shekels may be imposed for each day that the offence persists.

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