Cassation: the government customer may impose special requirements for the goods, taking into account the specifics of the activity

A purchaser purchased medical products. The FAS received a complaint that the object of purchase was described for a particular manufacturer, thereby restricting competition.

The inspectors found the complaint justified, as the customer did not prove that there were other manufacturers of the necessary goods.

The courts of three instances decided otherwise:

● The government customer determines the characteristics of the object of purchase. He substantiated them with references to scientific articles and research protocols, conducted a market analysis, and took into account the specifics of patient treatment;
● Controllers did not prove that the requirements to the product were excessive and did not confirm the restriction of competition. The object of the purchase was supply, not production. Any participant could have purchased it and offered it to the customer. They also found that medical products were available from several suppliers;
● Special requirements for the goods cannot be considered a restriction of competition, since they are conditioned by the specific nature of the activity.

Recall that the Supreme Court recently upheld similar findings of the courts on the right of public customers to indicate the specific characteristics of goods in the description of the object of purchase, taking into account the needs and scope of activities (see the Definition of the RF from 24.01.2022, N 308-ES21-26790 in case N A61-4140/2020)

Document: Decision of the North-Western District of 19.05.2022 in case N A21-6250/2021