Open AccessСhange of the terms of the state contract as a type of violation of the antimonopoly legislation
Author(s) -
M. А. Maksimova
Publication year - 2019
Publication title -
rossijskoe konkurentnoe pravo i èkonomika
Language(s) - English
Resource type - Journals
ISSN - 2542-0259
DOI - 10.32686/2542-0259-2019-3-46-53
Subject(s) - procurement , legislation , order (exchange) , competition (biology) , state (computer science) , exclusion clause , law and economics , law , privity of contract , freedom of contract , contract management , business , economics , political science , management , mathematics , finance , ecology , biology , algorithm
The article deals with the issues related to the presence or absence of the legal possibility of changing the conditions of the state (municipal) contract. As part of the analysis of judicial practice, the criteria and grounds for which a change in the terms of the contract can be considered as an antitrust offense, in particular, as the conclusion of an anticompetitive agreement are determined. The situations when the change of contract conditions entails violation of the principle of equality of participants in the procurement, restriction of competition in order to create more favorable conditions for the winner of the procurement contract.