Ayal is a partner in the firm’s Competition/Antitrust practice group, regularly assisting domestic and multinational companies in all areas of antitrust law, including complex cross-border mergers, joint ventures, restrictive arrangements and matters relating to monopolies and abuse of dominant position.
Ayal has special expertise working with large, multinational corporations on complex merger-control cases and representing clients in merger-control proceedings related to M&A and joint venture transactions. Ayal also provides competition law advice regarding the ongoing matters and ventures of major companies, including in connection with other regulated industries such as health and pharma, environmental protection, gas and oil, and higher education. He also advises clients on implementing antitrust compliance programs and represents them in proceedings regarding price control and freedom of information.
Ayal was recently recognized by Who’s Who Legal: Competition – Future Leaders, 2019.
The Israeli Competition Authority recently published a draft public statement regarding the submission of joint bids by competitors in tenders. The draft proposes an interpretation of the Competition Law that may significantly affect the business activities of entities operating in Israeli tender markets. Foreign entities that consider participating in bids in Israel as part of a group should be aware that they may need to obtain the competition commissioner's prior approval.
The Competition Tribunal's recent judgment thoroughly analysed the legality of target discounts offered by a dominant firm to its customers. The tribunal adopted a cautious approach towards retroactive target discounts, ruling that such pricing schemes could be condemned even if an equally efficient competitor was not excluded by the target discount and the level of market foreclosure was limited.
The Israeli Competition Authority recently published several clarifications regarding the application of the Economic Competition Law 5748-1988 in light of the COVID-19 pandemic. The clarifications refer to three main issues – namely, collaboration arrangements between competitors, gun-jumping rules in merger cases and postponement of reports required under the Law for the Advancement of Competition in the Food Sector 2014.
In February 2019 the Israel Competition Authority (ICA) published for public consultation a draft amendment to Public Statement 1/16: Considerations of the Competition Commissioner in Determining the Amount of a Monetary Penalty. Following public comments on the draft amendment, the ICA has now published a final amended statement. As such, the ICA's new methodology for imposing monetary penalties has taken full effect.
The Israel Antitrust Authority recently published a memorandum that proposes the application of monopoly restrictions on businesses that hold a market share of less than 50% if they possess significant market power. A second recent memorandum aims to reduce barriers to imports by restricting the ability of an official importer to abuse its power and diminish competition from parallel imports.