Israeli Competition Authority clarifies situation regarding application of the Competition Law during the Coronavirus crisis | Practical Law

Israeli Competition Authority clarifies situation regarding application of the Competition Law during the Coronavirus crisis | Practical Law

Like other countries across the globe, Israel is dealing with the COVID-19 pandemic, which among other things creates an unprecedented business-related challenge that is constantly evolving. The Israeli Competition Authority (ICA) has published several clarifications regarding the application of the Israeli Economic Competition Law in light of the pandemic.

Israeli Competition Authority clarifies situation regarding application of the Competition Law during the Coronavirus crisis

by Tadmor Levy & Co., Israel
Published on 31 Mar 2020Israel
Like other countries across the globe, Israel is dealing with the COVID-19 pandemic, which among other things creates an unprecedented business-related challenge that is constantly evolving. The Israeli Competition Authority (ICA) has published several clarifications regarding the application of the Israeli Economic Competition Law in light of the pandemic.
It is a core principle of competition law that a state of emergency or business distress does not necessarily exempt a co-operation arrangement between competitors. However, the current state of emergency may warrant some flexibility in the application of the law. While the ICA adopts a somewhat more lenient and pragmatic approach due to the challenges, it recognises that consumers are also currently facing challenges and that this is by no means a time to harm or exploit consumers. Accordingly, the ICA strictly states that it will not hesitate to take enforcement measures against exploitive co-operation arrangements and unilateral practices, which may harm competition.