In public procurement of life-support goods, dumping cannot be justified by a winner's letter, the courts decided
The customer purchased medical gloves. The winner was dumping, therefore, when signing the contract, he also provided his letter of guarantee on uninterrupted supplies in order to fulfill anti-dumping requirements.
The winner was recognized as evaded, since he did not substantiate the proposed price according to the rules of Law N 44.
Three instances supported the customer:
- in case of dumping in the purchase of goods for normal life support, the winner had to provide a letter of guarantee from the manufacturer indicating the price and quantity of the goods, documents on its availability or the ability to deliver. Such documents were not handed over to the customer;
- the winner's letter of guarantee did not meet the anti-dumping requirements of Law N 44, since it did not come from the manufacturer and did not contain a price justification. The client did the right thing.
Similar conclusions were reached, in particular, by the Khabarovsk Department of the Federal Antimonopoly Service. The inspectors noted that the winner's letter of guarantee does not confirm that he has the goods. The customer cannot be sure that the delivery will be carried out at the offered price.
Document: Resolution of the Arbitration Court of the Far Eastern District dated 12/20/2022 in case N А73-9235/2022