Ben-Yair to Indict Major Insurance Firm Managers for Restraint of Trade Breaches

The investigation was set in motion following disclosures by Globes. Among others targetted for indictment are Ben Shaul, Uzi Levi, Borowitz and Engel.

Michael Ben Yair, legal advisor to the government, has decided to bring charges against seven major insurance company managers, in respect of prima facie offences against the Restraint of Trade Law. Indictments will also be brought against the companies themselves. Ben-Yair informed the company managers of his decision at the end of the week, also advising them that they are entitled to a preliminary hearing, if applied for within 30 days. The investigation commenced following disclosures by Globes in November 1992.

Ben-Yair resolved to bring charges against Uzi Levi, general manager of Migdal insurance company; against Rimon Ben-Shaul, GM of Clal insurance; Dr. Itamar Borowitz, GM of the Phoenix insurance company; Shabtai Engel, GM of Menora; Rami Taiber, GM of Zion; Menahem Harpaz, who at the relevant period was GM of Sahar; and Meir Shani, who at the relevant period was GM of Hamagen.

Ben-Yair states, in his notice to the company managers: "After having examined the matter and after having scrutinized it together with the State Attorney's Office, I have decided that there are grounds for bringing an indictment against you, in respect of offences of the making of a cartel and of determining the modus operandi of a business association in contravention of the restraint of trade law, in the years 1991 and 1992, in the following insurance branches: business premises, motor vehicles, apartments, mechanical engineering equipment".

A senior manager in the insurance industry said: "We were especially surprised by the fact that the proposed indictments also include price fixing, allegedly carried out in respect of motor vehicles and apartments. For many years now, every tariff increase and change in those branches has been made with the approval of the Superintendent of Insurance, and I do not understand what they want of us".

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