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Judical practices and cases

29 January 2016

Antitrust dispute

Результат:

The claim well pleaded

Point of argument

The reason for the complaint was the unjustified refusal of the Customer to admit the procurement participant to participate in the electronic auction.

Plaintiff’s case

The Applicant - our client, the participant of the electronic auction, filed a complaint with OFAS. In his complaint, he asked to recognize the actions of the Customer as illegal. The Customer denied the Applicant participation in an electronic auction because the Customer considered that the application did not meet the requirements of the instructions for completing applications for participation in the electronic auction.

Defence

At the meeting of the OFAS commission, the Customer’s representative explained that there was a mistake in drawing up instructions on how to fill out applications for participation in an electronic auction.  This was not the reason to recognize an application that was filled in out of accordance with the instructions qualifying the requirements of the Law on the Contract System.

Problem solution stages

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

Court judgement

The decision of the auction commission on the non-compliance of the application for participation in the electronic auction and the non-admission of such a participant to the participation in the electronic auction was declared illegal.

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