Is it possible to purchase original foreign-made cartridges?
Justification: According to paragraph 1 of part 1 of Article 33 of Law No. 44-FZ, the description of the object of purchase does not allow specifying requirements or trademarks that may limit the number of participants in the purchase. However, in accordance with part 1.1 of Article 33 of Law No. 44-FZ, the customer is obliged to indicate the characteristics of the goods of Russian origin if prohibitions, restrictions or advantages for such goods are established.
At the same time, subparagraph "b" of paragraph 1 of part 1 of Article 33 of Law No. 44-FZ allows the trademark to be indicated in the description of the object of purchase if spare parts and consumables for machines and equipment used by the customer are purchased in accordance with the technical documentation for the specified machines and equipment. In such cases, the restriction provided for in paragraph 1 of Resolution No. 1875 may not be applied on the basis of subparagraph "b" of paragraph 6 of Resolution No. 1875.
The St. Petersburg Federal Antimonopoly Service of Russia, in its decision dated 02/21/2025 in case No. 44-298/25, notes that the original cartridge may be produced by other manufacturers suitable for the concept of "originality", and the requirement of a specific trademark is not justified in the notice. The customer did not provide any data confirming the impossibility of using equivalent products and the presence of printing devices under manufacturer's warranty.
However, the Thirteenth Commercial Court of Appeal, in its decision dated 02/07/2025 in case no. A56-36894/2024, indicated that the concept of "original" can only mean a product with a specific trademark.
The Chelyabinsk Federal Antimonopoly Service of Russia, in its decision dated 08.08.2024 in case No. 074/06/105-1720/2024, agreed with the customer, who indicated that the use of an unoriginal (counterfeit or compatible) toner could damage the device, which would affect the warranty conditions and incur additional costs for the user.
The Leningrad Federal Antimonopoly Service of Russia, in its decision dated 02/26/2025 in case No. 047/06/49-193/2025, also supported the position that the supply of original cartridges is a prerequisite for maintaining warranty obligations for equipment on the customer's balance sheet.
Thus, the purchase of original foreign consumables is possible if the use of original spare parts is a prerequisite for maintaining the warranty.