Antitrust Authority fends off gas decision criticism

David Gilo
David Gilo

The Antitrust Authority says the cost of a monopoly is greater than the cost of delaying Leviathan's development.

The Antitrust Authority has been in the eye of the storm since its director general Prof. David Gilo announced that he was withdrawing the draft settlement with the Leviathan natural gas partners, allowing them to sell two small reservoirs and continue their ownership of Tamar and Leviathan, which contain 90% of Israel's natural gas reserves. The Antitrust Authority has been preoccupied in recent days with rebuffing the many criticisms made of Gilo. Its position on the arguments against it can be summarized as follows:

Argument: The declaration of an agreement in restraint of trade and the expected resulting legal struggle will delay development of the Leviathan reservoir by years.

The Antitrust Authority director general is willing to reach a settlement based on the sale of Delek Group Ltd. (TASE: DLEKG) and Noble Energy's rights in the Tamar reservoir. In the framework of such as settlement, Gilo is willing to guarantee that Delek Group and Noble Energy's rights in Leviathan will not be affected - a promise that will make it possible to avoid any regulatory delay in developing the reservoir and the completion of the commercial negotiations for signing gas sale agreements. The Antitrust Authority believes that if Delek and Noble Energy decide to reject the director general's offer, they should be regarded as deliberately delaying development of the reservoir, with all the consequences involving meeting the terms of the lease obtained from the state, in which they undertook to develop the reservoir as soon as possible. The Antitrust Authority blames Delek Group and Noble Energy for any uncertainty, and offers a unique tool - an exemption from the ban on restraint of trade by guaranteeing Delek Group and Noble Energy that no proceedings will be taken against them. Since Delek Group and Noble Energy preferred not to request such an exemption when acquiring the rights to what later became the Leviathan reservoir, they have only themselves to blame.

Sources close to Gilo argue that even if Delek Group and Noble Energy cause a delay in development of the reservoir, the consequences will not be so terrible, among other things because the demand for gas is rising more slowly than expected. While the Tzemach Committee predicted that the Israeli economy would consume 501 BTU of gas by 2040, this estimate has now been revised to 470 BTU.

Argument: Three years were required to formulate the consent decree; why was this decision taken now?

Sources close to Gilo assert that the violation of the law was discovered only three years ago, upon which the Antitrust Authority entered into a long and complex hearing procedure. The Antitrust Authority took seriously the threats by Delek Group and Noble Energy to delay the development of Leviathan, and therefore preferred to concentrate on finding a solution that would make competition possible and prevent damage to the economy liable to result from lengthy litigation. The draft agreement was presented for a public hearing, and as time passed, more data became available to the Antitrust Authority, which, together with comments from the public, tilted the scales against the agreement. Even if the Antitrust Authority believed when the draft agreement formulated with the Leviathan partners was signed that the agreement was of some use in bolstering competition, and that the consequences of delaying development of the reservoirs by Delek Group and Noble Energy were very significant, it had been realized in recent weeks that the settlement would bring about no real competition, and the price of failing to open the gas sector to competition was greater than the price of delay in the development of the reservoir.

Argument: No one will buy Tamar or Leviathan. The large companies that came Australian company - Woodside and British Gas - left in a hurry.

Sources close to Gilo argue that the current case is different, because gas is already flowing from the Tamar reservoir, and all the risks incurred in exploration, development, and finding customers no longer exist. The investment is a safe one: an active and developed reservoir, almost the entire gas contents of which have already been sold. It is a cash cow that yields a handsome return on capital, with almost no risks. To this can be added the assumption that the rights in Tamar will be sold at a discount, due to the fact that the sale proceeding is limited in time. It is true that the large entities in Israel lack the billions needed to finance the deal (the reservoir's value is estimated at $12 billion), but there are quite a few investment entities around the world for which Tamar is an interesting investment. The weak point in the Antitrust Authority's position is the possibility that other regulators will decide to impose price controls. In that case, the Antitrust Authority also admits, the attractiveness of the deal will be seriously affected.

Argument: Foreign investors will not come here, due to regulatory uncertainty.

Sources close to Gilo argue that every Western country has antitrust legislation, and that the US also understands that. Certainty is necessary, but that does not mean that the law should not be enforced.

Argument: Experience proves that a duopoly is not necessarily better for the consumer. Therefore, even if an international company buys one of the two reservoirs, consumer prices will not necessarily be lower.

The Antitrust Authority assumes that a duopoly will indeed lower the price, and points out that when Israel bought gas from both the Tamar reservoir and from Egypt, the prices were lower. While Israel Electric Corporation (IEC) (TASE: ELEC.B22) currently pays $5.70 per mmbtu, the price of gas when there were two suppliers - the Yam Tethys reservoir and Egyptian gas - was $4.25-$4.75 per mmbtu.

Published by Globes [online], Israel business news - www.globes-online.com - on January 4, 2015

© Copyright of Globes Publisher Itonut (1983) Ltd. 2015

Yoav Shoham  credit: Eyal Izhar Yoav Shoham: AI isn't too smart, it's too dumb

AI21 Labs founder and CEO Prof. Yoav Shoham talks to "Globes" about dubious doomsday predictions, what should really concern us, and what could make Israel a global AI leader.

Record public company profits  credit: Tali Bogdanovsky Profits peak, but reckoning awaits

In what may seem a paradox, profits grew in almost every sector on the Tel Aviv Stock Exchange last year, but the boom was largely fueled by government spending.

Insightec COO and general manager Eyal Zadicario credit: Ness Productions After 25 years of losses Insightec focuses on profit

Insightec COO and general manager Eyal Zadicario tells "Globes" about himself and the Israeli ultrasound company's long battle to change the medical world.

Amit Shaked credit: Tomer Lesher Driven to succeed but balancing ambition with wellbeing

At just 14, cybersecurity company Rubrik VP Amit Shaked began a B.Sc. in Computer Science and Math and mapped out his entire future, which included IDF service in the 8200 unit, and an inevitable huge startup exit.

Advs. Roy Keidar and Netanella Treistman credit: Nicky Westphal AI blind spot startups can no longer afford to ignore

How AI governance can assist startups and enhance their ability to succeed.

Dr. Ola Gutzeit  credit: Ketty Hakim The doctor breaking new ground in fertility

"We know nothing about the female reproductive system," says Dr. Ola Gutzeit of Rambam Hospital. She seeks to change that, and hence change IVF for the better.

Google CEO Sundar Pichai  crediit: Shutterstock Why Google is paying so much for Wiz

Lagging its competitors in cloud and AI, and facing challenges to its core advertising business, Google could be looking to spend its way out of trouble.

Donald Trump speaking on the deck of the USS Gerald R. Ford  at its launch in 2017 credit: Reuters/Jonathan Ernst Houthis between hammer and anvil

President Trump appears determined to end the Houthi threat to shipping, while Iran has abandoned the last active arm of its "axis of resistance."

Prof. Douglas Irwin  credit: Inbal Marmari "We will all be poorer"

Prof. Douglas Irwin, an expert on international trade, talks to "Globes" about the impact of President Trump's tariffs policy, and what Israel can do about it.

Rooftop solar panels credit: Shutterstock Does it pay for homes to install rooftop solar panels?

As the Israeli government steps up efforts to encourage homeowners to produce their own electricity from rooftop panels, "Globes" investigates the advantages and pitfalls.

Dop Elbit banner at London's Allianz HQ credit: Reuters PA Images Violence against Israeli defense cos in UK escalates

"The Sunday Times" has investigated Palestine Action, a radical left-wing group that targets Israeli defense companies, their subsidiaries, and corporations and banks with any connection to Israel.

UnitedHealth founder Richard Burke credit: Ken Easley UnitedHealth founder: US health system is broken

In an exclusive interview Richard Burke talks about the murder of the company's CEO, Donald Trump, his love for Israel, and investment in Israeli startup Korro AI.

Left to right: Karin Goldberg, Einav Laser, Dr. Arseniy Lobov, Dr. Paola Antonello, Dr. Merav Shmueli, and Prof. Yifat Merbl (center in black)  credit: Weizmann Institute Israeli scientists' discovery could lead to new antibiotics

Prof. Yifat Merbl of the Weizmann Institute and her team have found a natural source of anti-microbial substances in the "garbage can" of human cells.

Peter Kash credit: personal photograph Peter Kash confident about cancer cure breakthrough

In Israel for IATI's MIXiii International Life Science and Health-Tech week, the US investor talks about his life science portfolio and the opportunities Israel must seize.

Jared Kushner and Ivanka Trump visit Kfar Aza, December 2023   credit:  Noam Moskowitz, Knesset Spokesperson's Office Jared Kushner builds a Middle East business empire

Now the largest shareholder in Israeli financial group The Phoenix Holdings, Kushner, who was instrumental in forging the Abraham Accords, has financial ties spanning regional friends and foes.

Nir Zuk credit: Inbal Marmari Nir Zuk fears mass exodus of talent from Israel

Despite his concerns, the Israeli tech billionaire, who founded Palo Alto Networks, today worth $125 billion, remains optimistic and talks about his investments in Air Haifa, digital bank Esh, and fintech startup Finq.

Twitter Facebook Linkedin RSS Newsletters גלובס Israel Business Conference 2018