Last week, the Israeli Antitrust Commissioner has declared an abuse of dominance by the largest entity in the recycling sector, the Collecting Beverage Containers Corporation ("ELA"). Background: A declaration of an abuse of dominant power is a unique procedure available under the Restrictive Trade Practices Law, 1988 ("The Law"). The Law allows the Antitrust Commissioner to declare that a firm has abused its dominant position and this declaration has the effect of being a prima facie evidence in any future judicial proceedings. In cases that such a declaration exits it serves as a very powerful tool, especially in class actions. Abuse of dominant position under The Law is very similar to abuse of dominance under EU law. In fact, Sec 29A of The Law, which deals with abuse of
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