Customer during electronic auctions in the draft contract provided the condition that the supplier must at the time of delivery to document that the proposed product was put into circulation in the territory of the Russian Federation by the rightholder or with his consent. Member appealed to the antimonopoly authority to complain about the provision of the draft contract. FAS has recognized the complaint justified. The customer with the decision disagreed and appealed to the court.
The appeal court, in contrast to the lower courts declared the decision of the antimonopoly agencies in the part in question invalid. This condition is not contrary to the law and is not a requirement for participants to purchase and regulates the manner and method of execution of the contract after bidding and determining the winner.