과징금부과처분 등 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In February 25, 2014, the Defendant made a decision.
1. Details of the disposition;
A. The Plaintiff’s status as the Plaintiff and Macco Construction Co., Ltd. (hereinafter “Scco Construction”), scco Construction (hereinafter “Scco Construction”), scco Construction, Thai Construction, CSS Construction, Treatment Construction, Scling Construction, Moyang Construction, Hyundai Construction, Samsung Culp Global, Samsung Products Construction, Mocul Construction, Mocul Construction, Sculing Construction, Sclus Construction, Consideration Development, Promotion Company, and Sculification (hereinafter “21 companies”), are those engaged in the construction business under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act.
B. The construction work of the Incheon Urban Railroad No. 2 (hereinafter “instant construction work”) was conducted by dividing the construction work into 201 to 216 construction sections. The construction work was conducted by dividing into 16 construction sections from 201 to 216 construction sections. The construction section 206 section was an alternative tender for tendering at a price lower than the original design, which reflects the original design presented by the ordering authority, and the remainder of 15 construction sections was the method of design and construction package deal tender (ston method)
(hereinafter referred to as the “instant market”). The person qualified for design has assessed the highest score by giving a specific weight to the design score and price score among the eligible design persons (not less than 80 points) and then has been conducted by the standard method that determines the highest score as the successful bidder. The design score (50 to 70 points) and the price score (30 to 50 points) according to the construction section were assessed on the basis of the full score of 100 points.
There is no evidence to acknowledge the market share of 21 companies, including the plaintiff, among domestic constructors who can participate in the relevant market of this case, but it is evident that 21 companies, including the plaintiff, have a considerable market power in the relevant market of this case.
C. 21 companies, including the Plaintiff, etc., (1) 21 companies, including the Plaintiff, etc., shall manage the executives and employees of competitors from before 2009 on a regular basis (21 companies, including the Plaintiff, etc.).