Publications| Avner Finkelshtein
Partner Avner Finkelshtein surveys the proposed reform to the Israeli Antitrust Law.
Gornitzky's Antitrust team, led by Avner Finkelshtein, in a client update on the Supreme Court's decision in the class action against a cartel.
Israel Anti-Trust Authority issued a draft opinion on information sharing for cybersecurity. Partners Timor Belan, Avner Finkelshtein and associates Assaf Harel and Shira Plotnik review attributes of the draft.
Israeli Anti-Trust Authority Issues New Draft Opinion on Information Sharing for Cybersecurity Purposes*
Growing cybersecurity threats require businesses to take various measures to protect their systems, including by sharing information with other businesses - even competitors - to facilitate better evaluation of existing threats and to promote the protection of computer-based systems. However, the sharing of information among competitors may also be considered prohibited under anti-trust laws. In this context, and given the value of information sharing as a measure for promoting cyber-security, Israel’s Anti-Trust Authority (the “IAA”) has recently published a draft opinion (the “Draft Opinion”) that is meant to clarify the boundaries for the sharing of cyber-related information among competitors.
According to the Draft Opinion, sharing of information that is not related to business activities, but solely to cyber-security threats (for example, information on system vulnerabilities, or indications of possible cyber events), is not likely to limit competition, and may even promote it, by assisting all competitors to overcome cyber-attacks and to maintain functioning and protected systems. Accordingly, the Draft Opinion states that the IAA would not view such information sharing as a measure that restricts or reduces competition.
The Draft Opinion further states that due to the contribution that access to security-related data could provide to a company’s ability to address cyber-security threats, the prevention of access to cyber-security data sharing systems, without reasonable justification, may negatively affect competition.
The Draft Opinion is open for public comments until April 5, 2017
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For further information please contact:
Timor Belan (partner), Avner Finkelshtein (partner), Assaf Harel or Shira Plotnik
*This client update is designed to provide general information only, is not a full or complete analysis of the matters presented, and may not be relied upon as legal advice.
In his article "Supersol Conviction: the Dam Has Been Broken," Adv. Avner Finkelshtein analyzes the precedential (criminal) conviction of Supersol of an attempted restrictive arrangement between a wholesaler and retailer. In his survey of the ruling, Avner criticizes the Court for not distinguishing between vertical agreements and horizontal agreements, and covers the legal prohibitions regarding a vertical arrangement.
Avner Finkelshtein, Head of Antitrust, in a client update on the European Commission's decision to fine Facebook.
In his article, Avner Finkelshtein writes about the negative effects of price control on competition. He argues that price control can lead to situations where competitors adopt the maximum price allowed and in doing so create a uniform market price. In essence, he believes that price control creates a cartel sanctioned by the law.