חוק התחרות הכלכלית (תיקון מס' 23 והוראת שעה), התשפ"ג-2023Law on Economic Competition (Amendment No. 23 and temporary provision), 2023 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Law prohibits direct importers from performing acts, listed in the Schedule to the Law, that may harm parallel import or personal import. According to the Law, the prohibition will apply to a direct importer who performed an act listed in the Schedule, if as a result of the act parallel import or personal import may be harmed and competition in the relevant sector may consequently be harmed; if the main purpose of the act is to prevent or reduce competition from parallel import or personal import; or if the act may prevent or reduce competition from parallel import or personal import and is not necessary for the realization of the main purpose of the import of the goods by the direct importer. In addition, the Law authorizes the Minister of Economy and Industry, on the recommendation of the Competition Commissioner and with the approval of the Knesset Economic Affairs Committee, to amend the Schedule to the Law as described. Furthermore, the Amendment grants the Competition Commissioner the authority to impose a financial sanction on a direct importer who violates the provisions of the Law regarding harm to parallel import or personal import. Additionally, this Law establishes a temporary provision whereby the Competition Commissioner will report to the Economic Affairs Committee, once a year, for four years, on the implementation of the provisions of the Amendment and the enforcement actions taken under them. In addition, the Law includes an indirect amendment to the Licensing of Services and Professions in the Vehicle Industry Law, which was added during the discussions of the Economic Affairs Committee and is intended to remove barriers to parallel import of vehicles. According to the indirect amendment, and in order to enable vehicle importers who are parallel importers to receive a preferential customs rate like direct importers, a temporary provision was established, in effect until 30 June 2025, requiring vehicle importers who are direct importers to provide the Customs Director with details regarding the vehicle models they import for which there is a "certificate of origin". It is further determined that the Customs Director will transfer to the director at the Ministry of Transport and Road Safety, who is the regulator of vehicle importers, details regarding direct importers who did not provide such information, so that enforcement measures under the Law can be applied against them. However, the authority to impose financial sanctions on direct importers who violated the obligation to provide information will enter into force on 1 January 2025.

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