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The Israeli Supreme Court recently upheld the conviction of a company's chief executive officer for antitrust violations committed by the company without his knowledge. The appellant was convicted under Section 48 of the Antitrust Law, which is a unique provision in global antitrust law.

During a recent conference the Israeli Antitrust Authority presented a draft of the antitrust leniency programme that it intends to launch. Based on the concept of a 'state witness', the programme is intended to facilitate the exposure of restrictive arrangements in the market and bring the parties to such arrangements to trial.

The Antitrust Authority recently issued a notice for public comment regarding commercial practices between dominant food suppliers and chains. The notice follows a long and complex investigation, and is intended to serve as a warning to dominant suppliers and chains regarding anti-competitive practices.

The Israeli Antitrust Authority recently issued two draft group exemptions regarding exclusivity arrangements for plots of real estate and restraints ancillary to mergers. Once enacted, the exemptions will be the latest in a series of group exemptions, now eight in total, which have come into force since March 2001.

The Antitrust Court has approved a restrictive arrangement between the national Electricity Company and a private company (OPC) in connection with the construction of a high-capacity private power plant near Beer-Sheva in Southern Israel. OPC is scheduled to be the first private electricity company with substantial operations in the Israeli electricity market.

For the first time, the Jerusalem District Court has considered the applicability of the privilege against self-incrimination in cases where a publicly held company is required (by the securities laws) to report a transaction between itself and another corporation which constitutes a restrictive agreement.

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