Client updates /  Competition Law

The Israeli court’s precedent-setting ruling in Aviad Concrete Industries v. Nesher Israel Cement Enterprises found that Nesher violated provisions of the Economic Competition Law when it gave its major customers significantly higher rebates than those it gave to its small customers, thereby harming competition.

The amendment is part of the government’s efforts to bring down the cost of living by increasing competition in the import sector. However, the amendment also imposes considerable restrictions on direct importers.

The Israeli Ministry of Finance and the Competition Authority are pushing to introduce a plan in the annual Economic Arrangements Law that would impose significant restrictions on importers and suppliers of major brands, with the aim of reducing concentration and increasing competition in the food and toiletries market in Israel.

In December 2021, the Jerusalem District Court dismissed two motions to certify a class action against the leading dairy manufacturer in Israel, Tnuva, for charging excessive prices. Both the motion and the dismissal are part of an intense dispute for years. The dispute revolves around whether the prohibition of a monopolist charging an “unfair” price applies to charging excessive fees. In 2014, the director-general of the Competition Authority published a public statement on the prohibition of excessive pricing by a monopoly.