Sustainability and Competition Global Practice Guide |
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Israel |
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| (Middle East) Firm S. Horowitz & Co. Updated 06 Sep 2022 | |
| Are ESG measures/sustainability agreements included in your jurisdictional competition regime? | In general, the Israeli competition regime does not include specific guidelines for ESG measures/sustainability agreements, and the general competition laws apply. |
| If ESG measures/sustainability agreements are not included in your jurisdictional competition regime, do you foresee any new regulations coming into place in 2022? | We are not aware of any future legislative change in 2022. However, there are general statements by the Director General of the Competition Authority in Israel, in which she emphasizes that this is an important field that the Authority intends to examine and deal with in the future. |
| Has your Authority issued any guidance on the role, if any, of ESG in the competition law analysis applied to mergers or other conduct? | Please see our response to "Are ESG measures/sustainability agreements included in your jurisdictional competition regime?" above. |
| Has your jurisdiction issued guidance regarding competitor collaborations or participating in industry working groups, and if so, do they specifically address ESG? | The Competition Authority issued a Public Statement 3/14 on the matter of trade associations in their activity, and a Public Statement 2/14 regarding the disclosure of information prior to a transaction between competitors. However, the above public statements do not include specific guidelines in the field of sustainability. |
| Can parties seek specific guidance from authorities on proposed ESG initiatives? | The Israel Competition Authority may agree to provide specific guidance, as part of its general, discretionary policy, to provide guidance to parties in specific cases it finds to be suitable for such guidance. |
| How, if at all, does your jurisdiction quantify or calculate the ESG effects? | As mentioned above, there is currently no specific reference in the Israeli competition law (including any guidelines) to the field of sustainability. |
| What does your legal authority currently permit even if your agency is not yet active on this topic? | We are not aware of any guidelines regarding competition and sustainability. |
| Are there precedents that involved ESG/sustainability matters in your country? If so please provide a short description. | We are not aware of any precedents regarding competition and sustainability. |
| Is there specific antitrust regulation in your jurisdiction to be aware of which might give rise to private or class action ESG litigation? | Please see our response to "Are ESG measures/sustainability agreements included in your jurisdictional competition regime?" above. |
Sustainability and Competition Global Practice Guide
In general, the Israeli competition regime does not include specific guidelines for ESG measures/sustainability agreements, and the general competition laws apply.
We are not aware of any future legislative change in 2022. However, there are general statements by the Director General of the Competition Authority in Israel, in which she emphasizes that this is an important field that the Authority intends to examine and deal with in the future.
Please see our response to "Are ESG measures/sustainability agreements included in your jurisdictional competition regime?" above.
The Competition Authority issued a Public Statement 3/14 on the matter of trade associations in their activity, and a Public Statement 2/14 regarding the disclosure of information prior to a transaction between competitors. However, the above public statements do not include specific guidelines in the field of sustainability.
The Israel Competition Authority may agree to provide specific guidance, as part of its general, discretionary policy, to provide guidance to parties in specific cases it finds to be suitable for such guidance.
As mentioned above, there is currently no specific reference in the Israeli competition law (including any guidelines) to the field of sustainability.
We are not aware of any guidelines regarding competition and sustainability.
We are not aware of any precedents regarding competition and sustainability.
Please see our response to "Are ESG measures/sustainability agreements included in your jurisdictional competition regime?" above.