The requirement for the year of release of goods according to Law No. 44: the inspectors saw a restriction of competition
In the purchase of medical equipment, it was required to deliver the goods no earlier than 2023. According to the customer, this increased, in particular, the manufacturer's warranty period.
Supervisors found a violation:
- the warranty period does not depend on the date of production of the equipment. According to the Civil Code of the Russian Federation, it begins to flow from the moment the goods are transferred to the buyer, unless there is another order in the contract. According to the terms of the purchase, it was calculated from the date of signing the acceptance document;
- the requirement for a production date may limit competition. From the beginning of 2023 until the publication of the notice, not enough time has passed for the right products to appear on the market;
- the customer has not confirmed that the product, which was released earlier than 2023, cannot be new. He also did not specify how the parameters of the equipment produced in 2022 and 2023 differ.
The Rostov Department of the Federal Antimonopoly Service came to similar conclusions earlier. The Perm Department of the Federal Antimonopoly Service believes that Law No. 44 does not allow setting requirements for the date of release of goods.
It should be noted that recently the Kemerovo Department of the Federal Antimonopoly Service expressed a different opinion in a similar situation.
Document: Decision of the Arkhangelsk Department of the Federal Antimonopoly Service of Russia dated 13.02.2023 N 029/06/42-75/2023