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Law for the Promotion of Competition in the Food and Pharmacy Sectors, 5774-2014

חוק קידום התחרות בענפי המזון והפארם, תשע"ד-2014

Published: 2014-03-27Consolidated Hebrew text as of 2026-07-19 · Last amended 2025-12-30✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section D: General Provisions

Appeal§
46.
(a)An appeal may be lodged against a payment demand and against an administrative warning to the Magistrate's Court before which the President of the Magistrate's Court sits; such an appeal shall be filed within 45 days from the date on which the payment demand was served or from the date on which the Commissioner's decision on a request to cancel the administrative warning was served.
(b)The filing of an appeal against a payment demand shall not operate to stay the payment of the financial sanction, unless the Commissioner has agreed thereto or the court has so ordered.
(c)Where the court, after the financial sanction has been paid, decides to allow an appeal filed under subsection (a) and orders the return of the amount of the financial sanction paid or the reduction of the financial sanction, the amount paid or any part thereof that has been reduced, as the case may be, shall be returned, together with shekel interest from the date of payment until the date of return, and the provisions of the Interest and Linkage Law, 5721-1961 shall apply in respect of such interest, with the necessary modifications.
Publication§
47.
(a)Where the Commissioner has imposed a financial sanction under this Chapter, the Commissioner shall publish on the website of the Consumer Protection and Fair Trade Authority, and also in an additional manner if so decided, the following particulars, in a manner that ensures transparency of the exercise of discretion in making the decision to impose a financial sanction:
(1)the fact of the imposition of the financial sanction;
(2)the nature of the infringement for which the financial sanction was imposed and the circumstances of the infringement;
(3)the amount of the financial sanction imposed;
(4)if the financial sanction was reduced — the circumstances for which the amount of the sanction was reduced and the percentages of the reduction;
(5)particulars concerning the infringer;
(6)the name of the infringer — if the infringer is a corporation.
(b)Where an appeal against a payment demand has been filed under section 46, the Commissioner shall publish the fact of the filing of the appeal and its outcome in the same manner in which the Commissioner published the fact of the imposition of the financial sanction.
(c)Notwithstanding the provisions of subsection (a)(6), the Commissioner may publish the name of an infringer who is an individual, after having given the infringer an opportunity to submit arguments on the matter, if the Commissioner is of the opinion that it is necessary for the purpose of warning the public.
(d)Notwithstanding the provisions of this section, the Commissioner shall not publish particulars that constitute information which a public authority is precluded from disclosing under section 9(a) of the Freedom of Information Law, 5758-1998, and the Commissioner may also refrain from publishing particulars under this section that constitute information which a public authority is not obligated to disclose under section 9(b) of that Law.
(e)Publication as referred to in subsection (a) in respect of a financial sanction imposed on a corporation shall be for a period of four years, and publication as referred to in subsection (c) in respect of a financial sanction imposed on an individual — two years.
(f)The Minister of Justice, in consultation with the Minister and with the approval of the Economics Committee of the Knesset, shall prescribe provisions regarding the manner of publication under this section, in order to prevent, as far as possible, the possibility of accessing the particulars published under subsections (a) or (c), as the case may be, upon the expiry of the publication period referred to in subsection (e); if no such Regulations have been made, the Commissioner shall publish on the internet the particulars listed in subsections (a) or (c), as the case may be, in a manner that prevents, as far as possible, the identification of the infringer.
Preservation of Criminal Liability§
48.
(a)Payment of a financial sanction, or the delivery of an administrative warning, under this Chapter shall not derogate from a person's criminal liability for an infringement of any of the provisions listed in section 31, which constitutes an offence under this Law.
(b)Notwithstanding the provisions of subsection (a), where an infringer has paid a financial sanction or an administrative warning has been delivered to an infringer in respect of an infringement as referred to in that subsection, an indictment shall not be filed against the infringer in respect of the same act, unless new facts or evidence have come to light that justify doing so.
(c)Where an infringer has paid a financial sanction and an indictment has been filed against the infringer in the circumstances referred to in subsection (b), the amount paid shall be returned to the infringer together with shekel interest from the date of payment until the date of return, and the provisions of the Interest and Linkage Law, 5721-1961 shall apply in respect of such interest, with the necessary modifications.
(d)Where an indictment has been filed against a large retailer in respect of an infringement constituting an offence as referred to in subsection (a), the Commissioner shall not take proceedings against the large retailer under this Chapter in respect of that same infringement.

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Chapter IV: Indirect Amendments and Miscellaneous Provisions

Amendment of the Consumer Protection Law – No. 38§

49.

In the Consumer Protection Law, 5741-1981, after section 4c the following shall be inserted:

"Adequate Exposure of Supervised Food Products

4d. (a) In this section, 'supervised food product' means a food product to which the Commodities and Services Price Supervision Law, 5756-1996, has been applied by Order, and for which a price or a maximum price has been set under Chapter V of that Law or to which supervision has been applied under Chapter VI of that Law.

(b)The Minister, with the approval of the Economics Committee of the Knesset, shall prescribe provisions regarding the obligation of a dealer to allocate a dedicated sales area for supervised food products, in the area, location, manner and at the times that the Minister shall prescribe, having regard, inter alia, to the size of the dealer, the type of product and the manner of its storage.".

Amendment of the Administrative Courts Law – No. 88§

50.

In the Administrative Courts Law, 5760-2000, in the First Schedule, after item 49 the following shall be inserted:

"50. Promotion of competition in the food sector — a decision of the Commissioner of Competition under sections 7(b) and 16(d) of the Law for the Promotion of Competition in the Food and Pharmacy Sectors, 5774-2014.".

Savings Provisions§

51.

Nothing in the provisions of this Law shall derogate from the provisions under the Economic Competition Law and the Consumer Protection Law or from the provisions of any other law.

Implementation and Regulations§

52.

The Minister is responsible for the implementation of this Law, and may make Regulations on any matter relating to its implementation.

Commencement and First Regulations§

53.
(a)This Law shall commence on the date of its publication (hereinafter — the commencement date).
(b)Notwithstanding the provisions of subsection (a) —
(1)Section A of Chapter II, except for sections 4, 12 and 13 thereof, shall commence on the 24th of Tevet 5775 (15 January 2015);
(2)section 30 shall commence six months from the date of commencement of Regulations made under subsections (d) and (f) of that section; the first Regulations under section 30(f) shall be made within six months of the commencement date;
(3)Section B of Chapter III shall commence on the commencement date, provided that by that date Regulations have been made under section 38(b); if no such Regulations have been made by that date, the Minister shall, by Order, with the approval of the Economics Committee of the Knesset, defer the commencement date of that Section by a period not exceeding six months at a time.

First Regulations under the Consumer Protection Law§

54.

The first Regulations under section 4d of the Consumer Protection Law, 5741-1981, as worded in section 49 of this Law, shall be brought for the approval of the Economics Committee of the Knesset within three months of the date of publication.

Restriction on Application and Transitional Provisions regarding Demand Areas§

55.
(a)The provisions of section 17 shall not apply to the opening of a store on real property in respect of which the contract was signed before the 2nd of Adar II 5774 (4 March 2014); in this section, 'contract' means a contract the purpose or result of which is the making of a transaction in real property for the purpose of establishing a large store, including the purchase, sale, long-term lease or lease of the real property.
(b)The Commissioner shall notify every large retailer of the demand areas under section 16(b) within six months of the commencement date.
(c)Until a notice of demand areas is delivered in accordance with subsection (b), a large retailer shall not open an additional large store, except with the prior written approval of the Commissioner and in accordance with the conditions of the approval; the Commissioner shall approve such a request within thirty days of the date of its submission for approval, provided that the Commissioner has found that there is no reasonable concern that the opening of the large store will cause harm to competition; a large retailer who opens an additional large store in contravention of the provisions of this subsection —
(1)is liable to imprisonment of three years, or a fine of ten times the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977;
(2)the Commissioner may impose on the large retailer a financial sanction in the amount set out in section 27, in accordance with the provisions of section 28.

Report to the Knesset§

56.

The Minister of Economy shall report to the Economics Committee of the Knesset, once a year, on the implementation of the provisions of this Law, including its effect on enhancing competitiveness in the food sector and in the field of consumer products and on changes in the prices of products, as well as on the number of active applications for the ongoing updated comparison of prices of products and baskets of products in accordance with section 30; the first report under this section shall be submitted at the end of six months from the commencement date.

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