The amended statement of claim in the Ashdod lawsuit was filed on March 25,2022, after the three new branches of the Big Stock chain had already been opened, in Be'er Sheva, Netanya and Mevaseret Zion. In this statement of claim, Max Stock claimed harm to competition only in relation to the new branch in Netanya, which was opened by Big Stock in the vicinity of its store in the city's Poleg industrial zone. Hence, no claim of harm to competition was raised in the statement of claim in respect of the new branches that were opened in Be'er Sheva and Mevaseret Zion. Therefore, this argument that appears in Mr. Max's affidavit in the Ashdod lawsuit (at paragraph 24) and in Max's summaries (at paragraph 120) constitutes an expansion of a prohibited front, and only for this reason should it be rejected. And as stated, the branch in Netanya was established only after the end of the competition limitation.
- What has been said so far is sufficient to reject Max Stock's claims regarding the breach of trust component.
- In the amended lawsuit, Max-Stock added another reason for which the separation mechanism in the Ashdod Agreement should be activated, this time in light of clause 11(a)(4), which deals with a case in which "there was a conflict between the buyer and the seller [...] disagreements regarding the management of the company and/or the operation of the store, and which was not settled[and] between the parties within 14 days from the date on which notice was sent to that selling individual."
Therefore, Max must establish disagreements between Top-Team andB.A., which are related to the management of Max Ashdod or the operation of the store, and which were not settled within 14 days. Such disagreements were not substantiated.
Max claimed in Ashdod's lawsuit that Top-Team was interested in replacing Mr. Max, who served as a director of Max Ashdod, in light of his alleged interest in the profitability of the branch. This claim was not substantiated. It relies on the exchange of letters appearing in Appendices 31-32 to Ashdod's claim, but these do not substantiate the claim.