The Moscow Arbitration Court in case A40-284176/2024 recognized the decision of the Federal Antimonopoly Service of September 25, 2024 in case 24/44/99/П16 on the results of the unscheduled inspection of compliance with the legislation of the Russian Federation on the contract system in the area of procurement by the FAS of Russia Commission for Control in the Area of Procurement to be completely illegal.
By this decision, the Federal Antimonopoly Service of Russia illegally recognized the actions of the Procurement Commission to admit the application of the Winner - the supplier of the reproduced medicinal product - as infringing paragraph 8 of part 12 of article 48 of the Law on the contract system and containing elements of an administrative infringement, liability for which is provided for in part 7 of article 7.30 of the Code of the Russian Federation on Administrative Infringements.
During the consideration of the case, the team of «A.Zalesov & Partners» Patent & Law Firm, representing the interests of the supplier of the reproduced medicinal product (the Winner of the procurement), together with the Procurement Commission, managed to prove that no false information was provided in the Winner's application for participation in the procurement, the application complied with the requirements of the Notification and the Law on the contract system, and also that the powers of the Procurement Commission do not include checking the freedom-to-operate of medicinal products - the objects of the procurement.
The client's interests in the case were represented by Managing Partner Aleksey Zalesov and Patent Attorney Darya Kushnarenko.