Earlier this month, Israel's Antitrust Authority ("IAA") published a draft policy paper regarding public disclosures that may harm competition. The IAA cited studies that unilateral public disclosures may facilitate coordination between competitors, potentially resulting in "a forbidden restrictive arrangement." The IAA identifies a number of issues that may be relevant to examining a disclosure, including the type of disclosed information (e.g., whether it includes competitively sensitive information such as pricing strategies), the structure of the market and its characteristics, whether the information is historical or concerns future plans, and whether there are a series of reciprocal disclosures. The draft is available for public review and comment until September 16, 2014. You can read the IAA's statement here.
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