He didn't though. Max was fully alongside Lewis and Lewis squeezed him to the apex leaving no space for max to go anywhere. So in turn, max clipped the sausage kerb, which brought Max's back right tire into Lewis' back left, jumping the car on top.
He was nowhere near "ahead" of max like you say. Their front wings were almost a straight line.


Max may have been farther back going into turn 1,but for the second part, turn 2, he was 95% alongside. 

I am however sure that the penalty would indeed be severe for Lewis if they actually called one, which they won't, because it was a racing incident.