Thus came the activity of the Big Stock Company (hereinafter: the Big Stock Company), which later opened additional branches in Netanya, Be'er Sheva and Mevaseret Zion.
- The franchisees in the Sderot and Bat Yam branches (defendants 1,3, 5-7 in the franchise suit, hereinafter: the franchisees) filed a counterclaim against Max and Mr. Max (hereinafter: the counterclaim). According to them, the counter-defendants' action caused them heavy damages. Thus, there was a decline in the stores' revenues, and the cost of purchasing the goods fromthesuppliers increased. The loss of the Max Stock brand also harmed them, and they invested a lot of money in the rebranding of the Big Stock company.
Against this background, they estimated the damage caused to the store in Bat Yam at approximately ILS 4.5 million, and the damage caused to the store inSderot at approximately ILS 7 million; and in the case of business enterprises at ILS 11.5 million. To this must be added damages for damage to reputation, estimated at ILS 1 million. The basis of the calculation was the capitalization of the expected cash flow for a period of 10 years.
For the purposes of the fee, the amount of the counterclaim was set at ILS 10 million.
- In March 2019, Max Stock filed a lawsuit against Top Team, which concerns the Ashdod branch (Civil Case (Tel Aviv District) 51268-03-19) (hereinafter: the Ashdod Claim)), in which it petitioned to enforce the separation mechanism in accordance with paragraph 11 of the Ashdod Agreement. In this framework, too, it claimed that Mr. Shimshon is the living spirit behind the competing activity of the Super-Stock chain. Against this background, in its view, the cause of action exists to operate the separation mechanism in accordance with the provisions of section 11(a)(6) of the Ashdod Agreement, which deals with breach of trust.
In March 2022, Max filed an amended statement of claim in the Ashdod lawsuit in which it further noted that the complete loss of trust between the parties no longer allows for the continuation of the partnership in the joint company, and that separation should be brought about between them. It pointedout that now Mr. Shimshon is competing with it not only through a superstock company but also through a big-stock company. The latter opened a branch in Netanya adjacent to the branch of the Max-Stock company, in addition to the existing branches in other cities.