It is admissible to sign the contract before the expiration for the appeal of purchase

3 November 2015, Tuesday

The court recognized lawful actions of the customer who signed the contract according to the Law N 223-FL before expired appeal term in antimonopoly authority of results of purchase.

The OFAS considered that such actions of the customer are a violation of the law. The court disagreed with this decision, having noted the following. To establish violation of provisions of the law about protection of the competition, the antimonopoly authority has to prove that the customer, having received the notice of the appeal of its actions (inaction) administratively, signed the contract before decision-making according to such complaint. In the case under consideration the customer signed the contract before received this notice.

There is also other position expressed in decisions of OFAS.

Document: The resolution EXPERT of Ural federal district of 23.07.2015 N F09-3736/15 in the matter of N A60-28335/2014

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