Our client, the Russian manufacturer of innovative medical diagnostic devices, was declared the winner of the electronic auction for the supply of electrocardiographs as part of the state program for the development of healthcare in Moscow, but one of the auction participants appealed its admission to the Federal Antimonopoly Service of the Russian Federation, alleging that the offered goods did not meet the requirements of the technical specifications. Despite our reasoned objections, the complaint was found to be valid. The supervisory authority issued an order to the auctioneer to review the applications, as a result of which our client was suspended from participation in the procedure. Our team immediately challenged the order in court, but the auctioneer, without waiting for the results of the resolution of this dispute, entered into the contract with another applicant. This required new remedies, and the client filed a separate claim to invalidate the auction in part of rejecting its application and the contract as concluded with a material violation that affected the determination of the winner. In the first case, the court of first instance sided with the FAS Russia, but in the second case, we managed to prove that the allegations against our product were completely unfounded. Subsequently, the appellate court overturned the first decision and declared the FAS Russia order invalid in its entirety, and also left the decision in the second case unchanged. Our client's violated rights have been restored.
21.05.2025