FAS: Free transfer of medical equipment to the customer may be considered a restriction of competition

For example, the letter outlines a situation where a company, on the basis of a gift agreement, transfers analyzers for use to a government customer, and then participates in a tender for the purchase of consumables for medical equipment. In this case, the manufacturer gains an advantage over other potential suppliers, the FAS believes. As the service notes, the purchase of components from another manufacturer is permissible if the possibility of joint use of medical devices is confirmed by Roszdravnadzor. However, the presence or absence of violations of the law during procurement requires additional consideration in each specific case.

The FAS also draws attention to the fact that a specific trademark may be indicated in the description of the procurement object, but only in certain situations. For example, if the manufacturer indicates that an equivalent may be purchased, or in cases where spare parts or consumables are required for specific equipment.

In May 2024, the Supreme Court of Russia issued a ruling on the application of the supplier company Grand Medical to the FAS Administration for the Republic of Crimea and Sevastopol to recognize as illegal and cancel the decision to include the legal entity in the register of unscrupulous suppliers. The Supreme Court agreed with the lower courts that if the supply of medical equipment from a single foreign manufacturer was impossible due to sanctions and not due to the fault of the distributor, then the inclusion of the supplier in the RNP is recognized as invalid.

At the end of the same year, the Russian Government submitted to the State Duma a bill with amendments to No. 135-FZ "On the Protection of Competition", proposing to create a state system for the prevention, detection and suppression of agreements that restrict competition. As the developer indicated in the explanatory note to the document, with the help of the system, the FAS will be able to scan information about all tenders held, including with the help of artificial intelligence elements. In February 2025, the bill was adopted in the first reading.