The truth behind the refusal to supply goods was that throughout the month of June or thereabout, Nestle-Osem and Tnuva started to spread baseless rumors among the various suppliers to the crusader companies — marketing for and to Pikanti — as if those companies were in financial trouble, their checks return by the bank and so forth.
These rumors were, of course, baseless. Pikanti and the crusader companies — that marketed its products — fully honored all their payment obligations. Thus, for example, Nestle-Osem contacted the bookkeeping of the Vita Company and told them that "Pikanti's checks returned and that Pikanti had no money to pay". The source of the above rumors…her direct manager at Mota Ice Cream who told her so.
Pikanti and the crusader companies — the companies that marketed "Pikanti's products — approached the Nestle-Osem group and defendants many times and protested of the damage they causes them, by stopping the product supply, despite the fact that they honored all their payments throughout that time. All payments were met even though there was an argument about the debt, including and not only, the damage the Nestle-Osem group caused, and which caused the rest of the defendants to breach contracts with the Pikanti companies.
Even though the cartel members stopped supplying goods close to 7. As a result of the Nestle-Osem group activities and the cartel its managers organized, the crusader companies — the companies that marketed "Pikanti's products — reached a state when they could not pay, they sold their business, and Pikanti claimant no.
What is hereinafter described may seem at first glance as a description carried away by a conspiracy theory woven against the crusader companies — the companies that, marketed Pikanti's products. But an unprejudiced examination of the contacts, affinities, and commitments s of the organizations and people active in the cartel, will draw the outlines of an organization with many reciprocal contacts on various levels of commitment among its parts — a description that my sow seeds of concern amidst all who consider the existence of a valuable and fair trade culture to be a milestone in their philosophy.
The following description of the circumstantial system may bring about, as it already has, an erroneous view on the situation, it being unique, unusual and complex. Yet only a detailed, patient, broad, and deep examination of the facts, described hereinafter, can solve the puzzle, which looks, at face value, to the outsider, as an impossible paradox.
To drive the point home it will be mentioned at this stage, that during the months of July-August ever since the boycott began , the crusader companies — the companies that marketed Pikanti's products — paid the suppliers tens of millions of NS even though they received at that time no goods, with the hope that was dashed, that the suppliers would renew the product supply.
It is well known that in the food market every business exists on suppliers'-credit, as is customary in the branch. Stopping the supply caused a drastic fall in sales volume, a fact that created an economic chain reaction which was too much for the crusader companies — the companies that marketed Pikanti's products.
At that time obligations to the suppliers were paid in a totaling sum of tens of millions, and at the same time goods were not supplied, so the honoring of obligations then was, in fact, to prefer the suppliers over the crusader companies — the companies that marketed Pikanti's products.
Had the suppliers behaved in this way towards the big food marketing networks such as "Super-Sal" or "Co-Op", they would have collapsed just as well. If out of the blue the suppliers had decided to weave a plot against them, the corporations would have collapsed within a short time, even though the sales' volume of the first company reaches 1. The big banks as well could not have survived a situation in which most of their clients — who are in fact their suppliers - would withdraw their money all at once.
As the American banking system collapsed in due to such urgent behavior — so the Israeli banks would have collapsed, let alone smaller companies like the crusader companies — the companies that marketed Pikanti's products.
So, for the sake of comparison, if the Bank of Commerce Development had not been partly own by the State of Israel, it would have, in all probability, collapsed in face of rumors about its condition.
In a suspicious market, lacking a real tradition and given to caprices of many interested factors in the Israeli economy, it is not difficult to destabilize economic bodies by spreading baseless rumors about their "difficult condition". In a country where a junior clerk in a commercial bank can wipe out in a single blow a whole bank by transferring loans unlawfully to her compulsive gambling brother — there is a feeling that anything is possible, and that no organization is immune to collapse which will leave its creditors empty handed.
No manufacturer, supplier, mediator or other economic factor will remain indifferent in face of a rumor that spreads like wild fire and which says so-and-so "is going bankrupt".
This is not a textbook dynamic but rather a simple practice of merchants and tradesmen in a small unstable country, that pretends to be enlightened and with an economic orientation like the most developed countries. Yet in fact, as far as its trade trust and payment ethics go— it belongs to the worst economies.
With the number of returned checks in Israel which does not shame countries like Sierra Leona, Nigeria and Albania — no wonder "everyone is a suspect", and any small rumor uttered by a spiteful bush telegraph is enough to paint another with the wrong colors. The defendants in this statement of claim took advantage of the constant atmosphere of economic unstableness in the Israeli economy to set fire to this flammable thorn field.
The collapse of the crusader companies — the companies that marketed Pikanti's products — under the threats of the companies organized in a cartel against them, took, whilst doing so, the bread out of the mouth of about a thousand workers who lost their jobs just before the holiday season.
Over its numerous years, Pikanti was a home to its workers. Skilled workers were recognized and were given suitable positions. Unskilled workers were sent to educational programs and professional training. New Immigrants who were not fluent in Hebrew received Hebrew lessons within the Pikanti bounds.
An art gallery was put up to encourage artistic employees to develop their talents, and many more such initiatives and activities for the workers' benefit. This turned Pikanti into a warm, united family. Lone workers found their home at Pikanti. With no salary, no co-workers, no creative and productive working environment, many turned into a shadow of their former selves, and found it hard to re enter the working cycle.
Chefs and bakers, cooks and sales persons, managers and supervisors, publicists and graphic artists, all were thrown into a dark and gloomy abyss of existence with no respect. Some managed to rehabilitate. The cartel companies were not satisfied with "while they took counsel together against me, they devised to take away my life" Psalms, After they realized their scheme and destroyed the companies, by spreading systematic evil rumors, and by stopping the supply of goods, breaching contracts, and forcing other companies to join them and act in the same way, the cartel companies with Nestle-Osem on top, acted in the "Has thou killed and also taken possession" method, and they wanted to prey on the corpses of the companies which were no more, to make sure, among other things, that they would not come back to life and would not again be an object for free economic competition benefiting the consumer and the state's economy.
The cartel companies wanted, also, to enjoy the remains of the companies, as much as possible, not only for mere financial profit, but also to signal to other potential competitors, that should they dare compete with them, they will not only kill them, but they will pock their carcass in the same way, for "They shall not be ashamed in the time of evil; and in the days of famine they shall be satisfied" psalms Pikanti was one of the suppliers that supplied goods to the companies that marketed the Pikanti goods hereinafter: Naturally, she did not take part in the suppliers' boycott, yet was severely damaged by it.
Public regulation makes it essential to well examine a supplier's behavior, including that of Pikanti, close to the time of the crusader companies' collapse.
Such an examination will uncover the lack of innocence with most suppliers and even malice on various levels. The defendants caused severe damage to Pikanti's and its owners rights of property. The value of the crusader companies' shares came down until the claimants gave out their shares for no return whatsoever. Therefore, the claimants are entitled to restoration on the basis of the damage in the value of the crusader companies' shares.
Moreover, the defendants caused a torturous inducement for a breach of contract in causing a series of damages to the contract system which existed between the defendants and the crusaders, and between the defendants and other companies.
A large number of the defendants, such as Tnuva, Nestle-Osem, Sano, Tene Nestle-Noga, Nestle- Froumin, Kimberly-klark Hogla, Danir Danenberg, and Leiman Schlussel opened futile legal processes against the claimants, by doing so they oppressed them in the sense of oppression in the damages order. The damage caused by the defendants to Pikanti can also be calculated according to the loss caused to Pikanti on the basis of loosing a single place of work times the number of Pikanti's employees. Benjamin Pepperman, manager of The Manpower Planning Authority at the Ministry of Work and Welfare, checked and found out that the cost of creating a realistic single workplace was , NS in terms.
Linda Efroni says that in term it is about 1,, Ns per employee Dr. Based on this calculation, in — Pikanti's loss equaled the value of over a billion NS. In terms, Pikanti's loss equaled the value of over 1. Therefore this claim requests, in addition to all other above mentioned remedies, also a remedy of restitution in light of the fact that it is impossible at this stage to quantify the exact value of lost assets, a remedy of restitution is called for.
The measured value of this schematically calculated return is about one billion NS at leas t: The amount of government grants given in Israel to big employers, based on the number of employees, supports the above calculations.
Those calculations are accepted in most countries which calculate the value of businesses for the sake of allocating them with workers employment. Public regulations oblige an additional examination of this unprecedented case on behalf of basic believes by the enlighten public in Israel, who prefer to keep nurturing the free competition tendencies, breaking up monopolies, and narrowing down cartels — tendencies that are at the basis of Pikanti's social and economic world.
Hence, the acceptance of this statement of claim is not only the proper legal solution, legally and economic, but a saying with a touch of value on part of the system in charge of law enforcement in Israel. Responding to this statement of claim will reduce the scope of damage the claimants suffered, and it is called for, in addition to legal rules customary in Israel, and to natural justice, also because of the principal of equality, which is a basic principal in justice, that is: Pikanti's legal status towards the crusader companies — the companies that marketed Pikanti's products — equals the status of the rest of the suppliers by virtue of the trade relations between Pikanti and the defendants.
However, Pikanti's normative status is higher than that of the other suppliers, as the latter acted in an improper way and unlawfully towards the crusader companies, while Pikanti was one of the few suppliers that continued to supply goods to the crusader companies until close to the time of their collapse.
This statement of claim, apart from being a regular legal economic claim, enfolds within its lines a moral accusation against the suppliers involved in the food cartel, and against the authorities and organizations, inside and outside the establishment, that were supposed to withhold the cartelistic unionizing which led to the collapse of the crusader companies — the companies that marketed Pikanti's products.
Prosecution reasons The claimants 1. The meaning of its name is that it is a survivor of the cartel led by Nestle-Osem, defendant no. This company also supplied products to the crusader companies — the companies that marketed Pikanti's products, and due to its agreements with Pikanti and the crusader companies — companies that marketed "Pikanti's products — was severely damaged by the food cartel.
Due to the complexity of this statement of claim, both claimants and the crusader companies — the companies marketing Pikanti's products — will be named Pikanti, whenever there is no hindrance to do so in context, to ease the reading. In August , Nestle admitted to employing coercion workers during the Holocaust. In 97', the historian Michael Bar Zohar revealed that the heads of Nestle declared to the Germans that the company's managers were "pure Arians".
Nestle-Osem was declared a monopoly for the dry pasta products under the Trade Restraint Law, As will be specified hereinafter, the Nestle-Osem group together with other defendants caused severe financial damage, which started when they organized a cartel against Pikanti, stopped supplying goods, intentionally collapsing a number of companies linked to the claimant, administrating futile processes against Pikanti and the same companies, handing in a false affidavit by Joshua Meroz, the secretary of Nestle-Osem Food Industries Ltd.
All defendants, with the exception of defendants , were suppliers of the Pikanti concern, and stopped the supply in an organized fashion. The statement of claim against defendant no. This is about a legal entity that operated unlawfully, when it was controlled by the Tnuva concern through "Tnuvashot" Ltd. According to regulations, Tnuva had to ask the restraint of trade controller for his permit to be involved in the control of "Haifa Poultry".
This criminal bunch chose to take the law in its hands, as is their habit, not to approach the restraint of trade controller, and to try and cover up the contacts between the various corporations that were created to pass by unlawfully consumer laws of primary importance. Over the years, the Nestle-Osem group provided various food products to Pikanti and a few other companies the crusader companies — the companies that marketed Pikanti's products , that had business ties with Pikanti.
In March 97' or thereabouts, Pikanti started to manufacture a peanut snack that today is named "Makarena", and that has some resemblance to "Bamba" manufactured by Nestle-Osem, yet is a unique product by Pikanti in its taste and quality. As soon as the production of "Makarena" began, Nestle-Osem immediately started various actions to block its way to the market.
Among other things, she requested a restraining order under which the product should not be called "Samba". The request for the restraining order is attached — supplement A3. Despite those actions, the "Makarena" product attracted a big crowd of clients which grew constantly.
The "Makarena" product damaged Nestle-Osem severely as "Bamba" was its most profitable product. The economic instability in the Nestle-Osem group originated in a fight with another giant, "Strauss". In the fight for ice cream, the Nestle-Osem group lost over 25 million NS in the year 97'.
With things in this state, trying to cut back its losses, Nestle-Osem and Tnuva initiated a cartel against Pikanti and the crusades — the companies that marketed Pikanti products, and started a crusade against them, as well as against buyers and store owners that sold the "Makarena" product. All this while conducting a similar fight against "Strauss" in the ice cream branch, as will be further elaborated. Nestle-Osem's" Mudslinging Method The Nestle-Osem group started a well planned process against Pikanti and the crusaders — the companies that marketed the Pikanti products — intending to harm them and bring about their collapse acting as follows, among other actions: These rumors were, of course, baseless, as all Pikanti's and the crusader companies' payments were fully honored.
Thus, for example, Nestle-Osem contacted the bookkeeping department at the Nestle —Vita company and told them that "Pikanti's checks returned and Pikanti has no money to pay". Attached is an affidavit of things said by a Nestle-Vita agent — marked as B. Attached is the affidavit, marked as B 1. At the same time, Nestle-Osem threatened store owners that if they sold Pikanti's "Makarena", Nestle-Osem will harm them financially.
Attached is an affidavit, marked as C, which states: This is how one acts while at war and we are at war with Pikanti. And somewhere else, on 7. Attached is the affidavit and it is marked as C1. Complains were filed against Nestle-Osem at the police for the suspicion of implementing criminal offences against Pikanti on the basis of organizing the "food cartel", the suppliers' allegedly conspiracy to harm Pikanti and ruin her financially and otherwise.
Attached are two complaints to the police, on 7. By discontinuing the supply, the Nestle-Osem group acted intentionally to, on one hand,, narrow down Pikanti and the crusaders' — the companies that marketed Pikanti's products — income yet they continued to pay the payments for which they were granted credit , and to damage their cash flow. On the other hand — wishing to signal to the market that the rumors she spread had a basis, with the intention of creating a feeling with the suppliers that if the Nestle-Osem group stopped supplies due to its "fear" of Pikanti's and the crusaders' financial condition, that there is real danger and they, the suppliers, better stop supplying as well.
Wanting to make sure Pikanti was harmed, Nestle-Osem approached other manufactures in the food market, which supply products to Pikanti and the crusaders, and coordinated with them to discontinue supplying to Pikanti and the crusaders. This was prearranged with the intention to bring about the above described results. Pikanti and the crusader companies — the companies that marketed Pikanti's products, approached the Nestle-Osem group many times and protested to them of the damaged they cause by unilaterally discontinuing supplies, even though they paid all the bills.
All payments were made even though there was an argument about the whole debt, including but not solely due to the damage the Nestle-Osem group caused. Attached are advance notices for the damages, discontinuation of supplies, and payments which were made despite the lack of any debt — marked as F 1 on 7. Yet despite all this, and despite the fact that for about 6 weeks she did not supply any goods with no warning as under The Companies Ordinance, Nestle-Osem sent a letter requesting a company liquidation a 24 hours warning instead of 21 days — as under paragraph to the Companies Ordinance.
All this to signal to the defendants how enthusiastic and eager Nestle-Osem is to liquidate Pikanti, so much so that she scorns the legal regulations and gives a 24 hours warning instead of 21 days.
Attached are the documents marked as F 7 on 9. Out of its intense wish to harm Pikanti, Nestle-Osem implemented the following: In the framework of the campaign, Pikanti received 21 slips for tickets good until the end of 97'. Pikanti handed out the tickets. But Nestle-Osem, wishing all harm for Pikanti, informed the ticket office not to honor the tickets given to Pikanti.
This was done with no legal grounds and in a way far from innocent. A few days later and following a warning letter, Nestle-Osem pulled the announcement back, but the damage had already been done. Attached is the warning letter and marked as F 9. As a result of Nestle-Osem's acts, the suppliers to Pikanti and the crusaders — the companies that marketed Pikanti's products — were alarmed and some of them stopped the supply fearing there was some truth in the rumors and that they might be harmed.
Some of the suppliers returned to supply against cash payments and others changed the credit conditions and by doing so the cash flow of the companies was severely damaged. By using temptation and fraud the Nestle-Osem group and its partners to the cartel promised that if Pikanti and the crusaders — the companies that, marketed Pikanti's products — would pay off future checks, the group would renew the supply of goods and would at once stop the boycott and the cartel.
Yet despite paying off checks, and despite the above mentioned promises, the defendants did not renew the goods' supply and thus caused an additional financial harm when, on one hand Pikanti and the crusaders paid money, and on the other hand, they did not get goods from suppliers, so the shelves in the supermarkets remain empty.
No sales and no revenue. And this, as mentioned, whiles she keeps carrying the burden of all expenses. As a result of these acts of fraud, and believing the Nestle-Osem group, Pikanti continued to supply goods to the crusaders by itself. In this way the crusader' debt to Pikanti grew to many millions, yet with no goods to sell, and no cash in the cashier which was paid to the defendants by fraud , they could not meet their obligations to Pikanti.
The cause of action for the liquidation was the inability of the crusaders — the companies that marketed Pikanti's products — to pay their debts, which reached millions of NS, to the claimant.
Nestle-Osem's Legal Futile Processes The false legal processes, and the request to join the liquidation by the Nestle-Osem group, together with the affidavit by Joshua Meroz, secretary of Nestle-Osem, Israel Food Industries, are one layer in the joint responsibility, under the law, of the Nestle-Osem group and its managers, to the damages and losses of Pikanti. Due to the actions by the cartel, a claim was presented against the Nestle-Osem group to the District Court, file no.
This claim was presented by the crusaders — the companies that marketed Pikanti's products — as follows: In the claim against Nestle-Osem, the crusader — the companies that marketed "Pikanti's products — specified the Nestle-Osem group' iniquity up to that date, including conspiring to collapse the crusaders and Pikanti, the background to the conspiracy and more.
The causes of actions for that claim were: Attached is the claim and is marked as G. The claim by the crusaders — the companies that marketed Pikanti's products — did not include the claims and arguments by Pikanti as mentioned above — a former Survivor of the Cartel Ltd formerly Pikanti Food Industries Israel Ltd.
As a result of the Nestle-Osem group actions and the cartel it and its assistants who are the defendants here organized, the crusaders reached a state of inability to pay off their debts.
They sold their businesses and claimant no. Attached is the liquidation claim and is marked as H. Attached is the minutes of the deliberation and marked as I. Following Pikanti's actions in collecting data and filing a complaint at the police, and the restraint of trade controller, the Nestle-Osem group increased its war activities against Pikanti and the crusaders — the companies that marketed Pikanti's products. Attached is the notice and marked as J.
A Pikanti representative notified also the police on 7. The Nestle-Osem group organized suppliers, made them believe their money was in danger, the suppliers arrived at the Pikanti offices furious and desperate. And then — hocus pocus — a huge fire broke out on 9. It destroyed a large portion of the building and the offices, files and many documents were burnt, and there was a great damage to property.
The fire disrupted Pikanti's and the crusader companies'' bookkeeping, it harmed their capacity to function, and destroyed some of the material that Pikanti collected for its claim against Nestle-Osem.
Apart from the fire that no doubt served Nestle-Osem, here are two more incidents that could benefit Nestle-Osem: A few years ago, Nestle-Osem's plant in Bnei Brak was burned down. This plant manufactured Nestle-Osem's "Bisslee", and Nestle-Osem had at the time of the fire old extinguishing equipment in the state of junk.
The fire served Nestle-Osem. A few years ago the "Israel Taste" plant in the industrial zone of Rishon Lezion was burned down. This plant had a fight with Nestle-Osem at the time of the fire, and hocuses pocus, it was burned.
Nestle-Osem's corrupt methods in its fight against its competitors are well known. Here are "Strauss's", and Kibbutz Shefayim's words: Nestle-Osem made it clear to Kibbutz Shefayim that should they not make an exclusive contract with Nestle-Noga — the sales of the Policad firm, owned by the Kibbutz, would suffer. An official in the Kibbutz confirmed that Nestle-Osem pressured unusually hard to have Nestle-Nestle-Noga ice cream owned by Nestle-Osem and Tnuva the exclusive supplier of the Kibbutz".
Attached is the notice by "Strauss" and Kibbutz Shefayim — marked as K. Furthermore, in the research book "First class", by the most senior journalist and researcher in Israel, Yoav Yizhak, one can read of food companies who stood up to Nestle-Osem and were distinguished, this happened in the framework of the centralization process that has been taking place for years in Israel, a gradually worsening process which leads also to the overtaking of the media that is financed by them.
Attached is the research relevant to Nestle-Osem — section , marked as L, and on harming the public on section - marked as L 1. While trying to eliminate the crusader companies — the companies that marketed Pikanti's products, the Nestle-Osem group submitted against them a series of 12 legal claims based on the false claim that they had not paid their debts to her. Here the Nestle-Osem group used the ancient method of "Hast thou killed and also taken possessions? To the list of claims see attached supplement and marked as M see there section.
All claims were submitted in short justice order and two at the execution bureau. To the heads of claims see attached supplement marked as N. In Nestle-Osem's claims words: There it claims to have been cheated and misled, and the corporate veil should be lifted and the Investment Crusader Ltd. Yet when the Nestle-Osem group did not succeed with those claims why, will later be explained , they said that the one responsible for the crusader debts was not Investment Crusader Ltd.
In any case, according to the behavior of Nestle-Osem — logically one of these processes is futile - the 12 processes against Investment Crusader Ltd. See attached request for joining, and marked as Q. The Nestle-Osem group acted in this way not for a legal matter of fact consideration and not for discovering it was wrong, but rather because it had not succeeded in the former claims. Who but the representative of the Nestle-Osem group can describe its iniquity and its failure to the point of misusing legal processes.
In a debate at the District Court on 3. And in his words: So the truth came out, and the representative of the Nestle-Osem group said it publicly. We have eyes to see that not claims of misleading, cheating, the lifting of the corporate veil by Pikanti was the truth, but only because the Nestle-Osem group's plans were disrupted, according to which Investment Crusader is to be blamed, Nestle-Osem proceeded to wrongfully use legal procedures, and now falsely claim that "Cartel Survivor Ltd.
While there was no legal cause of action to submit a claim against Pikanti, the Nestle-Osem group conducted all its claims against the crusader companies — the companies that marketed the Pikanti products — as a whole, and against The Investment Crusader Ltd.
When a poke was put in its legal wheel against the crusaders, the Nestle-Osem group had "no choice" but to go on with its method proven above and which receives confirmation in the affidavit marked C 1 which is "Nestle-Osem will do anything to destroy Pikanti".
Yet it is hard to turn an ocean of claims and legal arguments which Nestle-Osem held in 12 legal processes with what it considered defined and proven cause of actions, and claim now that it is all quite the opposite. When Nestle-Osem destroyed the crusader — the companies that marketed the "Pikanti products — first with a cartel and then with an ocean of claims, all in the method of thou hast killed and also taken possession, she eventually realized that the tide was turned or in other words, she shot herself in the leg.
Nestle-Osem's smart guys consulted as to what to do next and found themselves a consultant. Here Nestle-Osem recruited a new "war weapon" — an affidavit by a lawyer who is an internal consultant for the Nestle-Osem group. However, Nestle-Osem does not say, nor does the consultant, that he is a consultant, and they do not say that he is a legal consultant and a lawyer too , but they specify in the affidavit a mixture of incorrect data, from the role of the person who gave the affidavit to creating a distorted picture in order to create a legal basis to oblige the "Cartel Survivor Ltd" with the debts of all crusader — the companies that marketed Pikanti's products, and they thought that the readers' "…eyes are debaubed, and they cannot see" Isaiah 44, 18 when they are cheated.
Moreover — This affidavit supported Nestle-Osem's request to join the liquidation file against Pikanti, while the one to request the liquidation, "Sunfrost", changed its mind. Nestle-Osem, using this request and this affidavit, delayed the cancellation of the liquidation file, and continued to cause harm to claimant no. In his affidavit and in section 1 Mr.
Joshua Meroz declares as follows: Yet it turns out that the person who gave the affidavit is not a member of the above mentioned management.
The person giving the affidavit did not reveal his real position — a legal internal consultant to the Nestle-Osem group and a lawyer, in addition to being the group' secretary. As specified in the registrar of companies' documents, the person giving the affidavit, lawyer Joshua Meroz, is not a manager in any one of the Nestle-Osem group companies who hold share and are inhere after specified.
The total number of managers in those companies is 57!!! Attached is a printout by the registrar of companies to the above mentioned Nestle-Osem company — marked as S. Attached is a printout by the registrar of companies to the above mentioned Nestle - Froumin Company — marked as T. Attached is a printout by the registrar of companies to "Atoor" of the Nestle-Osem group and a share holder in the two above mentioned companies — marked as U.
Attached is a printout by the registrar of companies to "Nestle-Osem Export" which is a share holder in the above mentioned Nestle-Osem - marked as V. Attached is a letter of the representative of those companies. In the copy his real position and title are indicated — marked as W. In section 3 to the affidavit the above declares that: Pikanti submitted to the petitioners check as follows: To Nestle-Osem — a check for the sum of , The affidavit is a portion of the Nestle-Osem group request against Pikanti — "Pikanti Food Industries" as was its former name.
The person giving the affidavit distinguishes Pikanti from "The Pikanti Groups". See reference to the "Pikanti Companies" in section 3 D. By making this distinction the lying Meroz puts up a false presentation as if the above mentioned checks were by "Pikanti Food Industries" today "Cartel Survivor Ltd.
But examining the checks it is clear that not "Pikanti food Industries Ltd. Meroz, the person who gave the false affidavit uses the name Pikanti and lets the court believe that he refers to the claimant.
Yet as mentioned, this description is a false presentation of a fact and is done so intentionally. The deceitful presentation was made to mislead the court to think that there is a reason for Pikanti's liquidation due to dishonored non-redeemed checks. The deceitful person who gave the affidavit covers and does not reveal that those checks were claimed in two execution files from "Pikanti Investment Ltd.
Attached is execution file against debtor "Pikanti Investments Ltd. Attached is execution file against the debtor "Pikanti Investments Ltd. On page 4, section 4, the person who gave the false affidavit declares: And on page 9, section to the request it is said: But it turns out that H. Food did not request the lien on The lien is of 8. Attached — agreement and the pawn bill of 8. Again, as already mentioned, the defendant puts up a deceitful presentation to the court with the intention of misleading it to believe that Pikanti and "Pikanti Companies" together made fictional liens after the request for the liquidation against H.
The lien had been created a long time before the request for liquidation the date of the liquidation was 9. The temporary liquidator also indicated in his first report, ibid page 7, that the lien was created on 8.
Yet the claimant is not satisfied. To mislead the court as if a long time had passed after the request for liquidation, he says that three weeks had passed up to But in fact only two weeks had passed from 9. Yet even the date of The deceit and misleading is multiplied.
The deceitful person who gave the affidavit and the Nestle-Osem group are not satisfied with these lies. In regard to the date of the lien creation, and for the deceitful presentation to be perfect for the court to be convinced that the "facts" are the reality, it is declared as follows: In it emerge serious offences attributed to the claimant and her manager, who was also the manger of the "Crusader" companies, and there is enough in this report to base, all the more, what is written in this request: See the request by the Nestle-Osem group — supplement Q — page 9 section 25 — for convenient reasons this page is attached as an additional supplement, marked Z5.
The false presentation is, that even the temporary liquidator determined, as it were, that the company was under lien after the request for liquidation. But this is not what the liquidator ruled: Attached is the liquidator's ruling in section Their intention is clear — that whoever is misled by the presentation will act upon it, that is, as mentioned above: That means, the best "proof" and the most "convincing' one is that Pikanti should be liquidated.
On page 10 section cc , the Nestle-Osem group indicates, in its request to join the liquidation: According to section In this case also there is no way around the conclusion…". Attached is page no. The lien was not created on the day the defendant declared it was. The lien was created on Attached is the liquidator's report, page 8, section In addition is attached the registration with the registrar of companies, marked as Z9.
On page 5 of his affidavit, on p. Again, this is a deceitful presentation of a fact, in full knowledge that it is false, as the money entered their cash register, and this is no small some but , NS as follows: To base their request and cause Pikanti's liquidation, the cheater on page 5 of the above, in section g together with section 6 a , and in the request itself, declares that the ceasing of payments is due to the company being insolvent and: This declaration stands in contradiction to another declaration the Nestle-Osem group submitted in another process.
In the claim Nestle-Osem maintains page 9, section 17 that: Attached is the claim, marked AA. Yet when it wants Pikanti to be liquidated, it has no problem in submitting a false declaration — that already in 7. Nestle-Osem has no problem in submitting contradictory statements to different courts in an issue essential to the core of the matter.
Stopping supplies, the Nestle-Osem group and defendants and , breached the trade agreement they had with Pikanti unilaterally. They did so without due notice, against the agreement conditions, and against the business custom between them. On the contractual level: On the torturous level: Publicized libel about Pikanti, as under the libel prohibition law, , to the l public in general and other agents supplying goods to Pikanti in particular, and by doing so caused Pikanti considerable financial harm.
The almost certain harm of libel is damage to a person, to who the libel is directed. As the damage is not outside the natural results of the publicity, there is no need to see "with the intent to harm" in section 6 of the law a demand to a specific intent by the publicity, even if we adopt this classification of "intent".
If the target, to whom the intent refers, "is attached to results which may develop naturally because of that behavior, then the intent attached to those results is ordinary, as the results are ordinary" S. Feller, "Absenteeism, to evade a combat duty", The Attorney, , More difficult is the distinction between motive and intent. The law does not always use the term "with intent" to describe a mental basis of intent but also as a term of motive regard Z.
The question, then, is if section 6 demands "intent" in the sense of a mental base of intent, that is a relation of wishing to the result, a wish to achieve the goal by doing the deed, or maybe section 6 deals with "intent" that is the reason which made the doer want the result.
When the motive is satisfied only after the immediate result was achieved See Y. The distinction is between 'aim' and 'motive'". As the immediate almost certain result of libel by Nestle-Osem is damage to Pikanti, it is proper to say that the damage refers to the external reality to the doer and not his internal 'why'. Because if the damage is direct and immediate from the behavior, it is not that far away goal, satisfied when the immediate goal is reached. The test of result, integrated with the test of external reality, shows that all defendants spoke ill of Pikanti.
Furthermore, Nestle-Osem and its friends publicized a lie under section 58 of the Damage Law new version when they publicized an intentionally fraudulent notice about Pikanti's business. The quarrel created by the consumer protection law is not explicitly recognized in the general law, yet there are roots to this liability in the general law.
The explicit recognition of cause in the consumer protection law makes this question of cause simplified. The liability is that of the manufacturer in a case of misleading or covering up by him. There are roots to in the general law both in the customary law and in ruling and in literature, to the recognition of the liability of a third party to misleading presentations which resulted in agreement.
A, pages , section Shalev Contract laws, Law, second edition, page Novogrotzky, 84 34 3 47 the liability of a mediator to damages caused by contact. In the English law the liability of a manufacturer was recognized in cases when he presented direct presentations towards the buyer. The base for liability was the establishing of a unilateral contract or a supplement. In Israel this technique has also been used.
Nestle-Osem and the other defendants in this claim are prosecuted also for breaching a legal obligation: The Restraint of Trade , maintaining in section 4 that: All monopoly owners included in this claim, like Nestle-Osem and Tnuva are claimed for breaching a legal obligation also according to section 29 to the Restraint of Trade which determines: And also small section ".
Nestle-Osem's" business and consumer criminality is not new. For a long time it has cheated the consumers in various ways and methods. It has been discovered, lately, that Nestle-Osem reduces the packages of its products, yet leaves the prices intact.
In these times of recession when many families fall upon hard times, Nestle-Osem found a new way to increase its revenue, by cheating customers. While it reduces the size of its packages so the consumer gets less and less, it profits at the expense of the consumers when it leaves the prices intact. For example, reduced the package-size of the large Bisli from gr. After it was caught with its fingers in the till, Nestle-Osem tried to save her name and announced she would reduce the Bisli prices in 1.
The uncovering of this phenomenon aroused a big storm and the Ministry of Industry opened an investigation. At the same time, Zamir Hayat, the supervisor for the central region in the Ministry of Industry, announced that following the instructions of the supervisor of consumer protection, the shrunk packages would be collected and the manufacture would be invited to offer explanations.
They would also examine the legal aspect of this issue. The companies of the Nestle-Osem concern mislead their customers by reducing the size of products without reducing their price accordingly and without making it known to the consumers. The Knesset committee for public petitions, turned to the manufactures and the companies that changed the packages, and asked them to go back on the changes they had made. Among other things, the committee demanded that the manufactures make an obvious change in the packages so as not mislead the consumers.
The vice general manger of the consumer authority in the Histadrut, Hani Monin, said in a debate at the Knesset, that an arbitration body should be established for the issue of misleading the consumer, which are in the so to speak grey zone yet which deprive the consumer of his rights. The legal consultant for consumerism, Attorney Yosi Berg said that the authority's examinations showed that the phenomenon of reducing the size of packages can cause to the public a potential damage of half a billion NS a year.
He also said that after learning the subject, the authority will debate its next steps. The Ministry of Industry, Trade and labor will examine an obligatory process which will coerce the marketing networks to publicize the price of products in relation the quantity. This is about weight units, volume or single product units in large packages.
This indication will enable the consumer to compare prices and will neutralize criminals such as Nestle-Osem from cheating the consumers. Yet Nestle-Osem's iniquities do not stop here. About a year ago a snack it imported by the name of Chicks-Mix was taken off the counters, after it was discovered that Nestle-Osem cheated the consumers.
As it turned out, this snack has nothing to do with chips snacks, as this snack is not made of potatoes at all and thus the comparison misleads the consumer, who assumes that he eats a potato fatless snack, when in fact the snack is made of corn and wheat. After the authority for consumerism got involved, The Health Ministry saw to it to take the snack off the counters. Yaffa Reicher, in charge of a legal group in the food service in Tel Aviv confirmed that a representative of Nestle-Osem was investigated at the police and the file was transferred to the Tel Aviv region Attorney's Office for further treatment.
When asked by a journalist, Shoshanna Chen, "Why mislead the consumers? Nestle-Osem answered that the product was taken off the counters and the issue is treated by the legal department. This is how Nestle-Osem decided to put an end to this embarrassing story.
While the simple citizen fights for his livelihood, Nestle-Osem managed to have a sales turnover of the third quarter of of This fact alone can explain hoe "honest" and "loyal" Nestle-Osem is to its consumers.
It is obvious that today families buy less then what they used to in the past. Exploitation of Monopoly Nestle-Osem is a monopoly as the term is under the Restraint of Trade — The Restraint of Trade Law, in comparison to the former one of , is designed to increase the supervision on monopoly activity to prevent damage caused by monopoly control of the market.
The legislator implemented in section 26 A to the structure examination law, somewhat mechanical, establishing conclusive possession, that control over more than half the supply of assets or services, expresses control and dominant status.
At the same time, section 26 c gives the Minister of Industry and Trade the authority to determine, concerning certain assets or services, the existence of a monopoly even if the control is over less than half, if he finds — by the supervisor's recommendation, that whoever has a smaller portion has a decisive influence in the market.
A monopoly is not against the law. The Restraint of Trade Law does not prohibit a body or a certain firm to have a monopoly, only if it has a monopoly, as Nestle-Osem does, the law forbids it from exploiting its monopolistic status as Nestle-Osem did against Pikanti.
The Restraint of trade controller, in his ruling concerning "Yediot Aharonot" determined as follows: A monopoly as such is not forbidden by law. In principle, a company with a monopoly has the right to conduct its affairs as it sees fit. This right has been around for a long time and now it is anchored inn a new basic law: The goal of controlling the monopoly is to prevent damage that may ensue from the monopoly owner's control of the market".
The issue of forbidding unfair competition, which we will deal with hereinafter, is anchored in section 29 A of the Restraint Trade law, a correction and an addition to the law. Section 29 A of the law focuses in avoiding exploitation of the monopolistic status, while section 30 of the law states some statutory causes for orders to settle monopoly activities. One of the statutory causes as mentioned, is the cause of "conducting an unfair competition between the monopoly owner and others", as Nestle-Osem conducted.
The learned Yizhak Yagur wonders what is new in section 29 A of the Restraint trade law compared to section 30 4 to the law, if all causes mentioned there fall anyway into the wide cause of "conducting unfair competition" by virtue of section 30 4 to the law.
The answer, according to Yagur, lays in the level of evidence and in the burden of proof. Section 29 A rules in fact four possessions that should one or more of them exist, a possession is created by which the monopoly owner exploited his status in the market in a way that may reduce competition in business.
One of the exploitation possessions rules that "exploitation" means conducting unfair competition towards others. The Law used the term unfair competition "towards others" and not necessarily towards competitors.
Yagur explains that unfair competition, as reflected in monopoly rules, is not only on the horizontal level, which means, it is no merely among competitors, but it could exist also on the vertical level — between the monopoly owner and the distributor or distributors of the monopolized product, or even towards the suppliers, as was the case with the Nestle-Osem's CARTEL AGAINST Pikanti. The competition, in this case, as will hereinafter be brought, was far from being a fair one.
The claimant's suppliers hereinafter the defendants , took part in the food cartel established by Nestle-Osem. The defendants stopped the supplies in an organized and coordinated manner, despite the fact that the claimant made its payments on time, and by doing so they created the domino effect. Stopping the supplies caused severe financial damage to the claimants and to the Pikanti concern in general, and caused the collapse of the Pikanti concern.
The actions by each company by itself and the actions of all the companies together with the others, damaged the cash flow, emptied the Pikanti concern counters, and signaled to the rest of the suppliers to join the destruction. The actions by the defendants, together and separately, caused panic among the suppliers, and they too, in a short time, ceased to supply goods fearing and expecting that the actions by the other defendants would disrupt the cash flow. Others in that additional crowd worsened the credit terms as a condition to keep supplying goods.
Naturally, the change in credit terms, added a layer to the damage of the Pikanti cash flow. When the supermarkets' shelves remained orphaned, the customers deserted the stores, which resulted in even more cash flow damage.
On one hand expenses swelled up for paying all bills to the defendants , while on the other hand, income went down the hill. Discontinuation of bank credit which is built by virtue of cash flow. The incapacity of the Pikanti concern companies to pay off their debts to the defendants, created enormous financial difficulties to the claimants, as all their income was based on ordering goods from the marketing companies.
With the destruction of the, marketing companies, no one remained to order goods from the claimants. These actions caused, among other things, the selling of part of the business for a pittance.
Thus supermarkets with their expensive equipment were gone, and the investments went down the drain. These actions were done despite Pikanti's and the rest of the Pikanti concern's warnings to the defendants, who did not give required advance notice, and acted to liquidate Pikanti in a manner contradictory to the company's ordinance.
If those actions were not enough to destroy Pikanti, the companies implemented legal actions with the goal of destroying Pikanti. However, it was proven that they conducted futile proceedings as court, including submission of false affidavits, forgery, and evidence concealing. These acts were severely criticized by the court. Thus, to the causes of the above claim of the Nestle-Osem group and its collaborators, are added causes of action for violation of trade agreements and obligations, actions against the law on a contract and damage level, exploitation of monopoly, conducting futile proceedings and more.
By activating a cartel, the suppliers caused Pikanti damage on a very large scale. As they were determined to bring about the collapse of Pikanti, they breached their contract with Pikanti. At the end of the first decade of the s, digital television transmissions greatly increased in popularity, another development was the move from standard-definition television to high-definition television, which provides a resolution that is substantially higher.
In the near future, LEDs are gradually expected to be replaced by OLEDs, also, major manufacturers have announced that they will increasingly produce smart TVs in the mids. Smart TVs with integrated Internet and Web 2. Alternatively television signals are distributed by cable or optical fiber, satellite systems and.
Until the early s, these were transmitted as analog signals, a standard television set is composed of multiple internal electronic circuits, including a tuner for receiving and decoding broadcast signals. The Anglicised version of the term is first attested in and it was. In the 19th century and early 20th century, other. The abbreviation TV is from , the use of the term to mean a television set dates from With an electronic sensor, this produces an electrical charge at each pixel.
The result with photographic emulsion is a series of invisible latent images on the film stock, the images on the film stock are played back at a rapid speed and projected onto a screen, creating the illusion of motion. Cinematography finds uses in fields of science and business as well as for entertainment purposes.
In the s, moving images were produced on revolving drums and disks, with independent invention by Simon von Stampfer in Austria, Joseph Plateau in Belgium, and William Horner in Britain. In , Francis Ronalds invented the first successful camera able to make recordings of the varying indications of meteorological.
The cameras were supplied to numerous observatories around the world and some remained in use well into the 20th century. William Lincoln patented a device, in , that showed animated pictures called the wheel of life or zoopraxiscope, in it, moving drawings or photographs were watched through a slit. On 19 June , Eadweard Muybridge successfully photographed a horse named Sallie Gardner in fast motion using a series of 24 stereoscopic cameras.
The cameras were arranged along a parallel to the horses. They were 21 inches apart to cover the 20 feet taken by the horse stride, although it was never played back at speed to create motion, this was the first step towards motion pictures.
The late nineteenth to the twentieth century brought rise to the use of film not only for entertainment purposes. Dickson, working under the direction of Thomas Alva Edison, was the first to design a successful apparatus and this camera took a series of instantaneous photographs on standard Eastman Kodak photographic emulsion coated onto a transparent celluloid strip 35 mm wide.
The results of work were first shown in public in , using the viewing apparatus also designed by Dickson. Contained within a box, only one person at a time looking into it through a peephole could view the movie. The state of Alaska is in the northwest corner of North America, bordered by Canada to the east, the state of Hawaii is an archipelago in the mid-Pacific Ocean. It is one of the worlds most ethnically diverse and multicultural nations, paleo-Indians migrated from Asia to the North American mainland at least 15, years ago.
European colonization began in the 16th century, the United States emerged from 13 British colonies along the East Coast. On July 4,, during the course of the American Revolutionary War, the war ended in with recognition of the independence of the United States by Great Britain, representing the first successful war of independence against a European power.
The current constitution was adopted in , after the Articles of Confederation, the first ten amendments, collectively named the Bill of Rights, were ratified in and designed to guarantee many fundamental civil liberties. During the second half of the 19th century, the American Civil War led to the end of slavery in the country. By the end of century, the United States extended into the Pacific Ocean. The end of the Cold War and the dissolution of the Soviet Union in left the United States as the sole superpower.
It ranks highly in several measures of performance, including average wage, human development, per capita GDP. The Chicago Board of Trade listed the first ever standardized exchange traded forward contracts and these issues also helped propel another Illinoisan, Abraham Lincoln, to the national stage 2. American Indians of successive cultures lived along the waterways of the Illinois area for thousands of years before the arrival of Europeans, the Koster Site has been excavated and demonstrates 7, years of continuous habitation 3.
The abbreviation TV is from , the use of the term to mean a television set dates from 4. An artist's rendering of the Great Chicago Fire of Court of Honor at the World's Columbian Exposition in Embarkation of Union troops from Cairo on January 10, Charles Mound, the highest natural point in Illinois at feet, is located in the northwestern part of the state. Flat-screen televisions for sale at a consumer electronics store in The first known photograph of a moving image produced by Baird's "televisor", circa The subject is Baird's business partner Oliver Hutchinson.
Vladimir Zworykin demonstrates electronic television Live filming for TV Arri Alexa , a digital movie camera. A deep focus shot from Citizen Kane A camera crew from the First Motion Picture Unit. Death of Captain Cook by Johann Zoffany Declaration of Independence by John Trumbull. The Battle of Gettysburg by Thure de Thulstrup. Wentworth Miller signing autographs in Beverly Hills, California. Ireland listen ; Irish: