Edited by Albert A. Foer and Jonathan W. Cuneo
Niv Zecler, Michal S. Gal and Yariv Ilan1 Introduction Private antitrust enforcement in Israel has been on the books for many years. Indeed, the first Israeli Restrictive Trade Practices Law, dating from 1959, stated that a breach of the Law’s prohibitions can serve as a basis for a private damages claim.2 This provision was later incorporated into the new version of the Restrictive Trade Practices Law, dating from 19883 (‘the Competition Law’ or ‘the Law’). In practice, however, private damages suits were seldom invoked. One of the main reasons was that collective redress was unavailable. This situation changed markedly in 1996 when class actions on antitrust issues were allowed.4 Today private antitrust enforcement is an integral part of the Israeli antitrust arena, attracting growing awareness from the general public and the legal community. It is thus rightly perceived as a potential pivotal enhancement to the Rashut Hahegbelim Haiskiim’s (Israeli Antitrust Authority or IAA) enforcement toolkit. Indeed, the IAA has often indicated the importance of invigorating private enforcement initiatives, aimed at deterring antitrust infringements as well as securing redress for private parties’ damage.5 The role of private actions in Israeli antitrust enforcement is enhanced by the limited powers of the IAA to sanction most antitrust violations in practice.6 Private litigants’ increasing consciousness of antitrust issues and the possibility for private redress, alongside significant advancements in economic and legal analysis, have led to an increased number of private claims for damages in recent years. In general, private antitrust actions are available for...
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