The Georgian Competition and Consumer Agency (GCCA) has decided not to initiate proceedings following a complaint submitted by LLC “M-Service”. The complaint concerned alleged infringements of the Law of Georgia on Competition by the LEPL State Procurement Agency and the LEPL Central Purchasing Body.
LLC “M-Service” contested the conditions of a consolidated tender launched for the procurement of a pharmaceutical product, as well as the decisions adopted by the tender commission. The complainant submitted that the tender conditions, in particular the requirements relating to product registration, the classification of the subject matter of the procurement and its estimated value, limited the range of potential suppliers and had an adverse effect on competition.
In assessing the admissibility of the complaint, the Agency established that proceedings concerning the same subject matter, on the same grounds and between the same parties were already pending before the Tbilisi City Court. Accordingly, pursuant to Article 24 of the Law of Georgia on Competition, the Agency decided not to initiate proceedings.
In 2026, the Agency has opened investigations on the basis of 3 complaints, declared 10 complaints inadmissible and dismissed 4 complaints without examination. In one case, a conditional commitment was accepted. Admissibility proceedings are currently ongoing in respect of 2 complaints.
