OREANDA-NEWS. November 07, 2011. Omsk Regional Arbitration Court, in the presence of representatives of the Federal Antimonopoly Service (FAS Russia) and Omsk OFAS Russia, pronounced substantive provisions of the judgment on the case about challenging the decision of the Commission of Omsk OFAS Russia of 9th June 2011 regarding the “West-Siberian Medical Centre of the Federal Medical-and-Biological Agency”, reported the press-centre of FAS Russia.

The antimonopoly body received information that on 25th May 2011 the “West-Siberian Medical Centre of the Federal Medical-and-Biological Agency” Federal State Budget-Funded Health Care Institution had announced an open auction for purchasing antibiotics with the following International Non-Patented Names (INN): “Meropenem”, “Sodium Ertapenem” and “Imipenem”, presentation - “bottles, 20 ml”, combining these drugs in the same lot.

The Commission of Omsk OFAS Russia established that only one drug with the “Sodium Ertapenem” INN is registered in the Russian Federation; therefore, combining this drug with others in the same lot restricted the number of auction bidders.

A drug that has “Meropenem” INN is registered in the Russian Federation in the following presentations: “bottles, 20 ml”, “bottles, 30 ml” and “bottles, 25 ml”. The dosage and presentation of the drugs in different bottles are the same. Thus, specifying presentation in the auction documentation as “bottles, 20 ml” предопределило a particular producer and prevented other economic entities bidding at the auction.

The Commission of Omsk OFAS Russia found the “West-Siberian Medical Centre of the Federal Medical-and-Biological Agency” violated the Federal Law “On State and Municipal Procurement of Goods, Works and Services in terms of setting requirements to the goods that restricted the number of bidders. As a result, FAS annulled the auction.

The ordering party disagreed with the decision of the antimonopoly body and filed a lawsuit Omsk Regional Arbitration Court.

Taking into account the fact that the Commission of Omsk OFAS Russia made its decision on the basis of official explanations provided by the Federal Antimonopoly Service, on 22nd September 2011 the Court brought FAS Russia into the proceedings as the third party.

Direct involvement of FAS Russia in court proceedings enabled submitting conclusive evidence of restricting competition in course of the auction.

The Court judgment is unequivocal: to dismiss the claim of the “West-Siberian Medical Centre of the Federal Medical-and-Biological Agency” to invalidate the decision and determination of the Office of Federal Antimonopoly Service in the Omsk Region.