In the procurement documentation it was stated that the operator with whom the contract will be concluded, should serve the number already available to the state customer.
The antitrust authority found the actions of the client illegal. The number is included in the numbering resource of a particular operator, so the customer's requirement is an obstacle for other participants. All courts except the Supreme Court of the Russian Federation agreed with such conclusion.
The Supreme court held that the customer's claim was lawful and enforceable. He recalled that the Rules for the provision of telephone services provide for a special procedure for transferring numbers belonging to state customers. For such a transfer is not required to transfer the numbering resource, and therefore do not need to obtain consent from the operator, to which it is assigned. Therefore, any operator can participate in the procurement.
Document: Determination of the Supreme Court of 22.11.2018 in the case N A27-21030/2017