Loss of profits - the field of hoods
- The amount required as loss of profits is based on a calculation in which a profit rate is derived from The amount of income that was allegedly withheld in the field of hoods (withheld income).
Avoided revenue
- The calculation of withheld revenues in the field of hoods was made by Danan based on Lehavot's data regarding revenue from sales or service in this field, which was made not through Danan (but by Lehavot directly or through other distributors).
- On this issue, as in the others, the calculations in question referred to the period beginning in June 2016. No arguments are raised regarding a period of about a year prior to June 2016, in which the case was originally supposed to carry out non-exclusive activity. The demands are based on the postponement of the date of the transition to the second stage of the agreement and the exclusivity of distributors: a payment that will put Danan in place for its understanding in which it would have been if it had not been The rejection and exclusion.
- We saw that the transition to the second stage was postponed to the beginning of 2017 with coordination and consent. Therefore, the requirements raised in this regard regarding the year 2016 are irrelevant, whether it is a matter of sales/service by Lehavot itself or whether it is a matter of sales/service by other distributors. In this regard, the law of the second half of the year 201 is the same as the law of the first half of that year.
We also saw that the exclusion of a number of distributors from exclusivity was agreed, albeit not happily. This conclusion has implications for the period from the beginning of 2017.
- The combination of the matter shows that actions that can be considered breaches of an agreement in the field of hoods are sales or services made other than through the dealer or distributors whose exclusion was agreed, for the period from the beginning of 2017 to January 16, 2018.
Income from actions as defined above is income that was withheld (minus funds for which countercharges have already been issued; Marina, pp. 146, 5-11).