ISRAEL Law and Practice Contributed by: Talya Solomon, Iris Achmon, Ekaterina Yaremchuk and Niva Orion, Herzog Fox & Neeman
case at hand, the efforts invested at the pro - ceeding, etc. In any case, the sums are bound by the rules of the Israeli Bar Association that set the minimum fees for attorneys. For example, in cases where the requested remedy is more than approxi - mately ILS1 million, the minimum attorney fee is approximately ILS50,000. The authors note that, usually, the compensation is around 10–15% of the remedy. 6.7 Costs/Fees The winning party in civil lawsuits may be award - ed with attorney fees depending on the judge’s decision. The sum is decided by the judge and needs to be calculated in accordance with some considerations set by law, such as the remedy’s sum ruled by the judge and compared to the initially requested remedy, the complexity of the case at hand, the efforts invested at the pro - ceeding, etc. In any case, the sums are bound by the rules of the Israeli Bar Association that set the minimum fees for attorneys. 6.8 Judicial Review or Appeal As a rule, Israeli law grants a single appeal to a higher judicial court. A second appeal can only be filed with permission. In cases heard at the Magistrate Court, the appeal will be filed to the district court. A second appeal, if granted, will be filed to the Supreme Court. If the hearing court is the district court, the appeal will be filed to the Supreme Court, and further appeals are not possible. Most civil cartel cases end in settlements, so appeals are very rare. In any case, an appeal should be based on errors of law rather than
arguments regarding factual findings under the jurisdiction of the hearing court.
7. Trends in Cartel Enforcement 7.1 Information Sharing as a Cartel Offence The ICA’s position is that sharing competitively sensitive information among competitors may amount to a restrictive arrangement. Certain public statements may amount to restric - tive arrangement offences, and enforcement in such cases is becoming increasingly common. For example, recently, the ICA decided to file indictments as part of its investigation into price co-ordination in the food sector. Allegedly, a large food retailer engaged in an unlawful restric - tive arrangement with a known bakery, convey - ing improper messages through the media to suppliers and retailers regarding the need to raise prices. Moreover, in the case of the State of Israel v Mor, the Israeli Supreme Court convicted the defend - ant, the head of a restaurateurs’ union, of com - mitting a restrictive arrangement offence, based on public statements made by the defendant in the media on the need to raise restaurant food Although there is some academic discussion on the subject, no public investigations have been conducted or published thus far with respect to AI and algorithms. 7.3 Monopolisation as a Cartel Offence In Israel, there is no independent monopolisa - tion offence. prices due to the COVID-19 crisis. 7.2 Use of AI and Algorithms
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