Representation of One of Israel's Leading Real Estate Groups before the Antitrust Tribunal and the Supreme Court of Israel

Our firm represented one of Israel's leading real estate groups before the Antitrust Tribunal and the Israeli Supreme Court, following the Israeli Antitrust General Director's objection to a merger.

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Our firm represented one of Israel’s leading real estate groups before the Antitrust Tribunal and the Supreme Court of Israel following the Israeli Antitrust General Director’s objection to a merger, pursuant to which our client sought to purchase a large commercial center. In November 2012 the General Director opposed the merger, reversing his earlier pre-ruling, which approved the transaction. Following the reversal, we filed, on behalf of our client, an appeal with the Antitrust Tribunal. The Antitrust Tribunal dismissed the appeal, concluding that it had become theoretical upon the cancellation of the merger agreement. We filed an appeal, on behalf of our client, to the Supreme Court of Israel, arguing that there was still a possibility that the transaction would be executed if the appeal were to be accepted, and that the Antitrust Tribunal’s conclusion that cancellation of the merger agreement (due to the General Director’s opposition) implied that the appeal lacked any practical significance, was mistaken. In a rare decision given by the Supreme Court of Israel, the Antitrust Tribunal’s ruling was overturned and it was ordered to hold a hearing regarding the substance of the protest. This is the first time the Supreme Court of Israel sustained an appeal against an Antitrust Tribunal decision, which was not brought forth by the General Director, but rather against him.
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