This update concerns two significant and inter-related steps recently taken by the Israeli Antitrust Commissioner intended to reduce the regulatory burden and allow parties to move forward towards a regime based on self-assessment rather than regulatory permits.

The first is the amendment of two block exemptions – Restrictive Trade Practices Rules (block exemption for Joint Ventures) (Temporary Order), 2006; and Restrictive Trade Practices Rules (Block Exemption for ancillary restraints in mergers), 2009. The amendment enables parties to benefit from these block exemptions even if they do not meet strict criteria of market share, number of competitors and the like, if the parties can indicate that the agreement does not harm competition and that restrictions are necessary and have legitimate economic basis.

The Second is the publishing of guidelines relevant to all block exemptions, as well as to the analysis of specific exemption requests by the Israeli Antitrust Commissioner, concerning the analysis of the economic reasoning and necessity requirements for the application of such block exemptions

Click here for the full update.