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Judical practices and cases

14 April 2016

Antitrust dispute

Результат:

The claim declared well pleaded

Point of argument

The participant of the electronic auction had a malfunction of the EDS key, which served as the basis to consider such a bidder as dishonest and include in the register of unscrupulous suppliers.

Plaintiff’s case

Our client (the bidder) submitted an application to participate in the electronic auction, and was declared its winner. In accordance with the provisions of the Law on the Contract system, the Customer was to place in the unified information system the draft contract without his signature. After that, the auction winner was obliged to sign the draft contract by means of the EDS key.

Because of  the EDS key failure, the winner of the electronic auction was not able to sign a draft contract. However, securing the execution of the contract, the electronic auction winner transferred cash.

Later on, the Customer placed in the unified information system a protocol for refusing to conclude a contract.

Defence

The budget institution (the Customer) posted a notice in the unified information system on holding the electronic auction. Not having received the draft contract signed by the contractor within the timeframe established by the Law on the Contract System, the Customer decided to recognize the contractor as abandoning to conclude the contract and forwarded the necessary report to the anti-monopoly body to include information about the bidder in the register of unscrupulous suppliers.

No objections were submitted on the fact of receipt of funds, transferred as a security payment.

Problem solution stages

  • preparation and filing of the claim and related documents in FAS;
  • Applicant’s interests representation in FAS.

Court judgement

Having examined all the circumstances of the case and the evidence submitted by the Applicant, the OFAS Commission decided not to include the electronic auction participant in the register of unscrupulous suppliers.

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