April 03, 2023

The Supreme Court Sets a Very High Bar for Enforcing the Prohibition on Excessive Monopolistic Pricing

On March 20, 2023, the Supreme Court issued a ruling on the appeal filed by Tnuva against the decision of the Lod-Central District Court, which determined that Tnuva had charged an excessive
price for its cottage cheese products – in relation for which it constitutes a monopoly – thereby abusing its monopolistic position contrary to the provisions of Section 29A (b) (1) of the Competition
Law.

The Supreme Court accepted Tnuva’s appeal (in all its parts), vacated the district court’s decision, and ruled that it was not sufficiently proven that Tnuva had charged an excessive and unfair price for its cottage cheese products.

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