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 Upcoming Reform of Block Exemptions for Restrictive Arrangements
 
Pursuant to publishing a draft amendment to the Restrictive Trade Practices Law, 5748-1988, the Israeli Antitrust Authority (“IAA”) published Public Review Drafts for the amendment of three block exemptions - the Block Exemption for Joint Ventures, the Block Exemption for Restraints Ancillary to Mergers and the Block Exemption for Agreements for the Execution of Research and Development.

The three drafts significantly amend the tests which are currently in place for block exemptions regarding the legality of a restrictive arrangement by adapting a substantive test based on competitive analysis. For the first time, even with regard to agreements between competitors the parties are allowed to perform a self-assessment analysis of the restrictive arrangement’s predicted impact upon competition, enabling the parties to determine the legality of the arrangement accordingly. This is a significant reform of the restrictive arrangement regime, as it allows the parties to refrain from approaching the IAA in cases which previously mandated filing a motion for exemption to the IAA (resulting in many parties abandoning cooperation attempts before they even begun). Past experience proves that permitting the parties to perform a self-assessment of the restrictive arrangement’s legality allowed the implementation of many commercial agreements, which otherwise would have not been carried out.

 
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We will be happy to assist you with any question and / or clarification.
 
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The content in this Memo is provided for informational purposes only, and does not serve to replace professional legal advice required on a case by case basis. The Firm does not undertake to update the information in this Memo, or its recipients, about any normative, legal, or other changes that may impact the subject matter of this Memo.
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Should you have any questions or need additional information regarding this matter, please feel free to contact Adv. Boaz Golan, Partner, Head of the Antitrust and Competition Department: boaz.golan@goldfarb.com, or Adv. Nimrod Prawer, Partner, Antitrust and Competition Department: nimrod.prawer@goldfarb.com, or at: 03-6089850.