OREANDA-NEWS. July 17, 2014. Over three years have passed since FAS published explanations of 18.04.2011 on substitutability of dialyzers sterilized by autoclaving and gamma-irradiation. Recently a new method of dialyzer sterilization has been actively applied: cathode-ray.

The Federal Antimonopoly Service established that some government customers specify the “gamma-irradiation” method of sterilizing in the documentation on tenders for supplying dialyzers, preventing participation of those bidders that offer dialyzers sterilized by the cathode-ray methods.

As a result of analyzing the market of dialyzers sterilized by different methods, FAS established that both methods of sterilization belong to the irradiation types. Therefore, the cathode-ray method and dialyzers and gamma-irradiation methods of sterilizing dialyzers are substitutes, all other conditions being equal.

Thus, No. АК/14239 FAS Letter on “Explanations for Use by Regional FAS Offices in Determining Product Boundaries of the Market of Medical Equipment and the Market of Expendable Materials for Haemodialysis” of 18.04.2011 must be applied in view of additional FAS explanations of 07.07.2014.

“In view of the previous explanations, FAS concluded that actions of government customers to refuse applications of procurement participants supplying dialyzers sterilized by the cathode-ray method as well as requirements for supplying dialyzers sterilized by the gamma-irradiation method without possibility to supply similar dialyzers sterilized by other, substitute methods (the cathode-ray and autoclaving) can restrict the number of procurement participants and have signs of violating the antimonopoly law”, commented Deputy Head of FAS Department for Control over Social Sphere and Trade, Timophei Nizhegorodtsev.