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What are the potential outcomes of a merger control investigation in Israel?
The main results are merger approval, conditional approval (including remedies, conditions or undertakings) or rejection.
Remedies and conditions may be stipulated only when a merger raises reasonable concern of significant harm to competition or the public. A merger that may cause considerable harm may be rejected, unless remedies are met.
According to the Remedies Guidelines, the Israeli Antitrust Authority prefers structural remedies which secure permanent change to the market. Structural remedies require less follow-up and enforcement compared with behavioural remedies, which control the conduct of the merged firm. Per the Remedies Guidelines, the Israeli Antitrust Authority may stipulate behavioural conditions as a temporary solution when:
- the competitive concerns involve a specific, well-defined behaviour which is easy to detect;
- a failing company will exit the market entirely without the merger; or
- structural conditions are irrelevant.
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