In contrast, Section 45 The Licensing Law authorizes the director not to renew a license for reasons of promoting industry competition, without being required to attribute any improper conduct to the license holder. This means that a license holder may find himself in a situation where his license is not renewed not due to an improper act or omission on his part, which constitutes a defined and clear violation of competition law, but due to considerations of the structure of the market and the level of competition in the industry. In these circumstances, and taking into account that non-renewal of a license may and will entail real and even severe harm to the license holder, as stated above, I am of the opinion that the prescribed authority In the section 45 The Licensing Law does not have an authority that should be used lightly.
Against the background of the above, my opinion is that non-renewal of a license by virtue of the Section 45 The Licensing Law must be reserved for cases of real and significant harm to competition, and for this purpose it should not be sufficient for only a minor injury, the probability of which occurring is not high. However, in my opinion, there is no basis for determining that the decision that the appellant attacks does not meet this requirement as well.
Yechiel KasherJudge |
It was decided, as stated in the judge's judgment David Mintz.
Given today, March 12, 2026.
Noam SohlbergVice President
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David MintzJudge
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Yechiel KasherJudge
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