FAS: determination by the customer of cases of purchases from a single counterparty should not lead to restriction of competition
The letter prepared by experts of the antimonopoly authority, in particular, notes that purchasing from a single counterparty is advisable if goods, works, services are traded in low-competitive markets or conducting counterparty identification procedures is impractical for objective reasons - for example, if it is necessary to eliminate the consequences of emergency situations. Otherwise, the choice of the specified procurement method represents an abuse of law, deliberate evasion of competitive procedures.
Therefore, the actions of the customer to include in the procurement regulations the grounds for making purchases from a single counterparty in the absence of objective reasons preventing competitive procedures may lead to the prevention, restriction or elimination of competition in the relevant commodity market, in connection with which such actions can be assessed for compliance with Part 1 of Article 17 of Law No. 135-Federal Law. At the same time, in case of recognition of violations in the actions of the customer that lead to restriction, elimination of competition, the antimonopoly authority has the right to issue an order to eliminate violations by amending the procurement regulations.
At the same time, the actions of business entities to conclude a contract with a single counterparty on the grounds set out in the procurement regulations cannot be considered for violation of Article 17 of Law No. 135-FZ.
Letter from the FAS of Russia dated August 21, 2024 N MSH/75011/24
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