Cassation: the state customer may make special requirements for the product, taking into account the specifics of the activity
The customer purchased medical products. The FAS received a complaint that the object of purchase was described for a specific manufacturer, which limited competition.
The inspectors recognized the complaint as justified, since the customer did not prove that there are other manufacturers of the necessary goods.
The courts of three instances decided otherwise:
the state customer himself determines the characteristics of the object of purchase. He justified them with references to scientific articles and research protocols, conducted a market analysis and took into account the specifics of patient treatment;
the inspectors did not prove that the requirements for the product are excessive, and did not confirm the restriction of competition. The object of purchase is delivery, not production. Any participant could purchase it and offer it to the customer. It was also established that medical products are available from several suppliers;
special requirements for a product cannot be considered a restriction of competition, since they are determined by the specifics of the activity.
Recall that the Supreme Court of the Russian Federation recently supported similar conclusions of the courts on the right of state customers to indicate special properties of the goods in the description of the object of purchase, taking into account the needs and scope of activity.