The customer purchased the medicine from the VED. The "third extra" mechanism has worked. Special admission conditions were applied to the winner's application, since his goods are produced in the EAEU at all stages.
One of the participants indicated in the complaint that priority should have been given to his application, since he offered the lowest price. He also confirmed that all stages of drug production take place in the EAEU.
The participant explained that there is a dash in the column "Stages of production before obtaining the molecule", since the drug is isolated from sources of mineral origin and it does not have such a stage of production. This was indicated by the Ministry of Industry and Trade.
The inspectors found the complaint unfounded:
the participant attached a document that contains a dash in the column "Stages of production before obtaining the molecule". The customer could not make sure that the entire production process takes place in the EAEU. The application did not meet the special conditions of admission;
the customer correctly chose the winner, because he confirmed that the medicine was completely manufactured in the EAEU. The price of his offer did not exceed 25% of the lowest.
Controllers of the Mordovian and Kurgan UFAS also noted: the customer has no reason to apply special conditions of admission to the application if there is a dash in the column "Stages of production before obtaining the molecule". Note that in practice there is another opinion.
Document: Decision of the Kemerovo Federal Antimonopoly Service of Russia dated 08/58/2022 No. 08/5316 in case No. 042/06/48-991/2022