The courts saw a restriction of competition in assessing the business reputation of participants under Federal Law No. 223
The customer purchased dairy products. The applications of the participants were compared, in particular, according to the criterion of "business reputation". The assessment depended on the number of positive reviews for one product supply agreement for each year of the counterparty's work. Period: from the beginning of the activity to the end of the application deadline.
The controllers and the courts considered the evaluation procedure illegal:
• The criterion limited the range of potential participants. Suppliers who started business earlier than others were given an advantage. The lack of positive feedback did not mean that the contract was executed poorly;
• the significance of the criterion is 50%. He directly influenced the choice of the winner.
In practice, there is an example when the customer evaluated the business reputation by the period of existence of a legal entity on the market. The controllers did not find a violation.
Document: Resolution of the Arbitration Court of the North Caucasus District dated 06.12.2023 in case No. A53-7084/2023
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