Inclusion in the purchase of goods, which produces only one factory, does not limit competition
The participant complained about the purchase of gifts for the New year. As part of the gift were candy, which produces only one factory in the territory of the EAEU. It is, in the opinion of the participant restricts competition.
The court supported the customer. He made purchases for the supply of gifts, not for the production of sweets. The manufacturer of candies carries out wholesale deliveries, has a network of distributors. The participant of the purchase can purchase this product and create a new year gift taking into account the needs of the customer. The court also noted that the description of sweets does not fall under the concept of a trademark, so it is not necessary to specify "or equivalent".
Document: resolution of the AC of the far Eastern district of 24.09.2019 in the case of N A51-25325/2018