ISRAEL Law and Practice Contributed by: Talya Solomon, Iris Achmon, Ekaterina Yaremchuk and Niva Orion, Herzog Fox & Neeman
3. Leniency, Immunity and Whistle- Blower Regimes 3.1 Leniency ICA′s Leniency Programme In 2019, the ICA published guidance regarding its leniency programme with regard to criminal indictment, which can apply to both individuals and companies (the programme does not apply to administrative procedures). The leniency programme has many conditions, and it is part of the reason why it has only been applied in very rare cases: • it only applies to cartel cases; • it applies only to the first person or company that approaches the ICA regarding the cartel; • the leniency programme will only apply in cases where an investigation has not yet started regarding the same cartel; • the programme only applies to companies where the company has taken a formal deci - sion to apply for the programme, as opposed to individuals approaching the ICA; and • the leniency programme will not apply to “clear leader of the cartel” . In any event, the leniency programme can - not protect from civil lawsuits, including class actions. 3.2 Amnesty/Immunity The Israeli president has the authority to grant amnesty and ease the punishment of offend - ers. The authors are not aware of a case where amnesty was provided with regard to cartel cases. 3.3 Whistle-Blowers The Protection of Employees (Exposure of Offenses and of Unethical Conduct or Improper
its authority to collect information as one of its most important authorities. Thus, in the authors’ experience, the ICA appreciates companies′ concerns regarding the protection of informa - tion, and it frequently refrains from providing and disclosing trade secrets. Additionally, the ICA sometimes will offer a mechanism to reduce the harm, such as disclosure only for attorneys. 2.9 Arguments Against Enforcement Actions The proper time for the defence counsel to for - mally raise arguments to persuade the ICA to forgo taking action or modify its prospective action is at the hearing stage. Hearings in Criminal Procedures In criminal procedures, the ICA is subject to the Israeli criminal law system, and in accord - ance therewith, the ICA is required, among other things, to allow the suspect a proper hearing before indictment. The hearing will be held within 30 days of the ICA sending a letter informing the suspect that it has evidence that the suspect committed a crime. The ICA often provides the suspect with a draft of the indictment before the hearing. Hearings in Administrative Procedures If the Commissioner sends a notice of intention to impose administrative sanctions within 60 days of the date the ICA has given such notice, a proper hearing should be held. The Commis - sioner may extend the time by which a hearing is to be held by not more than 90 days for reasons which shall be recorded. The usual practice is to have both a written and an oral hearing held within the hearing period. The ICA usually must receive the written submission a week to ten days before the oral hearing.
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