입찰참가자격제한처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company established around 1990 for the purpose of supplying scientific experiment equipment to local governments and public institutions. The Defendant is the ordering authority that gives public notice of bidding for public procurement contracts, which performs duties such as maintaining and managing fair competitive bidding.
B. On August 8, 2019, the Fair Trade Commission, including corrective measures, deemed that the Plaintiff engaged in an unfair collaborative act prohibited by Article 19(1)8 of the Monopoly Regulation and Fair Trade Act at a total of 13 biddings, and decided on August 8, 2019 that the act of unfairly restricting competition should not be re-scheduled in advance by mutual agreement between the successful bidder, the investor, and the bidding price in participating in the B and C purchase bidding ordered by a public institution, such as the Public Procurement Service. On the other hand, the Fair Trade Commission deliberated on and resolved to impose a penalty surcharge of KRW 26 million under Article 22 of the same Act.
The detailed details are as follows:
In other words, in a total of nine biddings, including the details of the table following the Defendant’s notice of bid, the Plaintiff bid in collusion with D Co., Ltd., and in a total of 13 biddings from February 26, 2013 to August 30, 2016, including the receipt of a successful bid, D Co., Ltd., and in a total of 10 biddings from the 13 biddings from February 26, 2013 to August 30, 2016, 3 biddings agreed to determine the Plaintiff as the successful bidder for the three biddings, and that the successful bidder will participate in the bidding at a discount by notifying the other party of the bid price, etc., thereby engaging in unfair collaborative acts under the Monopoly Regulation and Fair Trade Act."
List of votes
C. On August 29, 2019, the Fair Trade Commission notifies the Defendant of the above-mentioned decision, and thereby notifies the State of the said decision.