The courts recognized the legitimate public procurement of medical equipment with special functions
The customer purchased a surgical laser with special parameters. The participant complained that the requirements for the product limit competition. The inspectors found no violations.
Three instances supported their position:
special requirements for medical equipment were established to provide high-quality medical care. They have not proved that they do not meet the needs of the customer or restrict competition;
the customer conducted a market analysis and received commercial offers. This confirms the free sale of the necessary products. Nothing prevented the participant from putting it on.
Note: the courts have come to similar conclusions before.
Document: Resolution of the AC of the Central District of 09/20/2022 on the case N A08-83/2021