Unless approved in advance or exempted, restrictive arrangements or practices are prohibited under Israeli law. They are unlawful, can be the basis for civil claims, including class actions, and expose the parties to such arrangements to administrative fines. Furthermore, it is a criminal offence to be a party to an unlawful restrictive arrangement.
Over recent years, Israeli law has seen fundamental changes with respect to the control regime of restrictive trade practices, which are now increasingly subject to “self-assessment” analysis rather than the traditional measures of filing exemption applications to the Competition Authority.
Horowitz & Co. has the necessary expertise to review and, where required, adapt commercial agreements in order to limit any such risks in a manner that best meets the commercial objectives of the client.
We have substantial experience advising international and local companies across a wide range of industries on the impact of Israel’s Economic Competition Law on all types of commercial agreements, whether horizontal or vertical, and whether between competitors or non-competitors.
Our expertise also includes:
- Structuring commercial agreements to fall within the block exemptions or rulings issued by the Israel Competition Authority.
- Advising on, and preparing, legal opinions in accordance with the new ‘self-assessment’ regime in Israeli competition law..
- Advising on the lawful conduct of trade associations, unions and other ad-hoc cooperation arrangements between competitors.
- Advising on, and preparing, notices for individual exemptions from the Israel Competition Authority.
- Developing and implementing competition law compliance programs for many of the firm’s corporate clients.