Class Actions – International Cartels

Foreign clients may find themselves in complex legal situation when sued in Israel , let alone in a class action. Companies can easily get swept up into a class action lawsuit brought against them as part of an alleged interntional cartel. When a multinational corporation or a company with global operations has such a class action suit filed against them in Israel, they can turn to Zecler Argov. We have developed a particular expertise in representing clients against class action lawsuits for activities that took place outside Israel.

International cartel class actions filed in Israel raise legal complex questions that require knowledge of class action law and antitrust law. Our team has extensive experience in managing these class actions. Zecler Argov are familiar with the peculiarities that come up, issues that arise, and what is required to manage the process, including:

• What is the law applicable in Israel with regard to an international cartel made outside the country, including the validity of the ”effects doctrine” and the extent of its spread in Israel.
• Complex questions in the field of evidence law, concerning the very possibility of relying in Israel on various rulings and regulatory decisions given outside Israel, as well as how to prove the cartel’s influence in Israeli territory, even though the cartel was conducted in another territory.
• Management of procedures to rescind permission for service outside the jurisdiction of Israel and other service issues.
• Complexity in the question of the definition of the “group” in the class action, given that there are usually parallel class actions in other countries outside Israel, and taking into account the possible overlap that exists between groups of plaintiffs in the different countries.
• The question of the existence of a cause of action for indirect consumers in antitrust law in particular and tort law in general, including issues relating to the pass-on of damages.