There is one person that has a business of kaporos in a town by these kaporos customers don’t see the shechita by the place that they make kaporos (the chickens return to the factory), part of the profits go to a yeshiva.
The second person just opened a business of kaporos in a different town but in the same county at which the customers will see the shechita, the chickens go to a yeshiva.
The first person is saying that the second person is ruining his business (asogas gvul) because part of his customers will go to the second person because they would rather go to a kaporos that they will be able to see the shechita.
The second person is saying “That it is a deferent business not on the same level because it is providing a different service. that the jews of the towns want to go to make kaporos as per their minhag that they will make the mitsva of kisuy dam on aseres yemay teshuva, and being that they are chadidishe customers for them it is important to have a shoshet of the same chadidishe group, (and also because of this there are people the travel far to a different county to make kaporos).
So I can make this business and am not doing asogas gvul.
knowing that anti-Semitism and the war against shechita is growing as is precedent by the OU that it is under pressure from the goyim and it already stopped giving its hechsher to shechita “from up down” even though according to halocha it is better to do it that way, and in Australia the war against shechita make grater problems, it is an additional opportunity to use our rights in this country and county and now that the health department allows under its supervision to have kaporos with shechita on the same location, (the first person is doing genavias das by saying that “As per Health Department regulation the Shechita will not take place on site”) I need to make this business with shechita on premises to make a strong precedent that mechadrin shechita with the supervision of the health department is not a contradiction.”
Answer:
Only under very extreme circumstances, where the other person will completely lose his business as a result, can somebody be prevented (according to many poskim who cite the ruling of the Aviasaf (cited by the Mordechai, Bava Basra 516), such as the Rema (10) and the Chasam Sofer (61), and many others) from opening a local business.
For somebody opening shop in a different town, it is hard to believe that this is the situation.
The argument that the service being offered is different to the already existing service is also legitimate, as mentioned by the Rema (156:7), who rules that where the items offered by a new store are of better quality that those sold in existing businesses, the new business cannot be prevented from opening.
Note that this answer is only given by way of advice, and cannot by any means be considered a halachic ruling between two parties.
