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Der heiße Eiskrieg mit Ben & Jerry s
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Shoshanna Solomon is The Times of Israel s Startups and Business reporter
Facebook CEO Mark Zuckerberg testifies before a House Financial Services Committee hearing on Capitol Hill in Washington, October 23, 2019. (AP Photo/Andrew Harnik)
Israel’s Competition Authority said on Tuesday it is mulling imposing a fine of some NIS 6 million ($1.8 million) on US social media giant Facebook and its Israeli arm for snapping up two Israeli companies without the consent of the authority.
The fine is subject to a hearing and Facebook has the right to submit its comments to the authority’s director general Michal Halperin within 60 days, the authority said in a statement.
Introduction
The Israeli Competition Authority (ICA) recently published a draft public statement for comment 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.
The ICA s draft public statement significantly limits the ability to conduct self-assessment for joint bidding. This may, in turn, result in significantly increasing the need to obtain prior approval to joint bidding. The ICA s draft public statement also lists the primary considerations that will guide the competition commissioner when examining requests to exempt joint bidding. These considerations can also be implemented by the parties when performing a self-assessment in cases where the block exemption applies.
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When competing entities join forces to submit a tender offer, it reduces the overall number of entities competing for a tender. Reducing the number of competing entities may increase the market power of those participating entities against the tender holder and enable them to make less attractive offers.
Competitors merging to submit a tender offer constitutes a restrictive arrangement, even if the entities joined forces before the preliminary selection process rather than during the tender stage itself.
According to a draft opinion recently published by the Director General of the Israeli Competition Authority, competitors in a tender are,
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