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Antitrust and Competition

Our Antitrust & Competition Group provides leading companies in Israel and the United States with antitrust consultation and representation, both in Israel (under Israeli Competition Law) and the United States (under US Antitrust Law).

THE PRACTICE

The evolution and proliferation of antitrust and competition laws worldwide, and the continuous introduction of new laws, present challenges for businesses as they compete with each other on a level playing field. Pearl Cohen’s Antitrust and Competition practice is recognized worldwide for its breadth and depth of experience and its track record of excellence before government enforcers and in the courts in both Israel and the US. Our strong understanding of the antitrust agencies, coupled with extensive experience in antitrust litigation in global jurisdictions, provide us with valuable insight and credibility. We represent companies that seek to enforce various competition laws and advise clients seeking to avoid the severe penalties (criminal and civil) in the exposure to antitrust claims including class actions and potential damage to reputation in the event of non-compliance.

Our Antitrust and Competition practice thrives under the leadership of Tzahi Yagur, who has a nationwide reputation in antitrust law, bringing more than two decades’ experience in the field. Tzahi’s expertise is excellently portrayed through his authored book “The Israeli Antitrust Laws” (last edition published in December 2018) which is regularly quoted in numerous Supreme Court rulings and precedents. Tzahi is a qualified attorney both in Israel and in New York and also serves as a senior lecturer in “Israeli Competition Law” in several academic institutions and universities in Israel, as well as a frequent well-known participant in various legal forums dealing with the cutting edge of Israeli Competition Law issues. Tzahi was graduated from Tel Aviv (LL.B.) and Columbia (LL.M) Universities, focusing on Antitrust Law, and is well familiar with both, Israeli Competition Law and the United States Antitrust Law.

Our Antitrust group also includes Shaoul Sussman, an Associate in our New York Office. In recent years Shaoul repesnts clients cooprating with ongoing antitrust investigations both on the State and Federal level as well as in antitrust litigation. Shaoul has been a leading advocate in the effort to promote strong and meaningful antitrust enforcement in the U.S. He has written on antitrust matters for a wide range of publications, including op-eds for Politico and The Guardian and acadmic pulications such as the Oxford Jouranl of Antiturst Enforcemnt. Shaoul is frequently asked to speak on antitrust and competition-related topics, including before various U.S. government and regulatory bodies. He recently testified before the New York Senate Consumer Protection Committee, regarding the state of current antitrust enfrocemnt in the U.S.

Our firm is regularly sought out as the number one choice of counsel to represent, and coordinate the global antitrust strategy, of clients in Israel and in the US on the commercial and enforcement aspects of antitrust law and economic regulation. Thanks to our global powerhouse litigation teams, our experts seamlessly handle leading-edge competition matters around the world, wherever our clients are located, bringin action, or sued.

Our expertise spans the entire gamut of competition law, providing commercial and practical solutions that withstand scrutiny in all antitrust and competition law jurisdictions. This includes antitrust litigation (civil, administrative and criminal) for which we stand out as leaders in both Israel and the US. We also support clients in obtaining merger clearance from the relevant antitrust authorities, consulting on merger, licensing, IT, distribution and retail agreements, as well as patent disputes and litigation against government authorities and private parties.
We also prepare and advise on antitrust compliance programs and other complex competition issues for clients in a variety of sectors, including pharmaceutical, insurance, banking, financial, construction, infrastructure, transport, high-tech, biotech and more.

Our cradle-to-grave services include:

  • Antitrust Legal Opinions:Providing legal opinions and guidelines on antitrust complex issues under both, the Israeli Competition Law and the US Antitrust Law;
  • Enforcement and litigation: representing clients in courts and tribunals in cases involving cartels, abuse of monopoly power, monopoly pricing policy, infringement of competition orders, civil/criminal/administrative proceedings, civil class actions and arbitration;
  • Mergers/joint ventures: guiding clients through the US Hart-Scott-Rodino process and Israel pre-merger or merger approval processes, including representation of clients in multiple filings of merger notifications in several jurisdictions in parallel and in particular in Israel and the US;
  • Pharmaceutical and IP litigation: coordinating with our litigation groups to defend pharmaceutical firms and IP holders against antitrust-based challenges such as “reverse payment” claims, settlement agreements and other allegations of improper conduct to delay or inhibit competition
  • Government investigations / cartels: representing complainants and defendants in complex antitrust investigations, including price-fixing investigations and parallel industry-wide class actions;
  • Monopolies: reguralry advising firms on complex ongoing antitrust issues, in particular when facing abuse of monopoly power allegations.
  • Trade Unions: Representing various and large amount of trade unions in antitrust matters including before the antitrust authorities and courts and consult them in antitrust matters on a day-to-day practice.
  • Regulatory matters / business practice: offering extensive regulatory and practical business experience in the complex issues that corporations face in their vertical and horizontal relationships with suppliers, customers and competitors as to pricing issues, exclusive arrangements, licensing, joint ventures and territorial restrictions
  • Counselling and in-house compliance: advising clients on antitrust compliance on a day-to-day basis, tailoring compliance programs (both local and international programs), and hosting seminars and in-house training on how to minimize the risks of accusations of anti-competitive behavior.

 

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