입찰참가자격제한처분취소
1. On December 27, 2018, the Defendant’s disposition imposing restrictions on qualification for participation of unjust enterprisers for six months against the Plaintiff shall be revoked.
1. Details of the disposition;
A. In 2013, the Plaintiff participated in the bid for the purchase of reprocessing facilities at a thermal power plant (hereinafter collectively referred to as the “three bids”) as indicated in the following table.
On January 22, 2013, Co., Ltd. DE on February 4, 2013, Defendant FF 3, July 22, 2013, 2013, a successful bidder of the order tender bid at the ordering place bidding, which was the date of the public notice of bidding. GH E Co., Ltd. on July 22, 2013
B. The Fair Trade Commission agreed that the Plaintiff and E Co., Ltd. (hereinafter referred to as the “Plaintiff et al.”) agreed to bid by bidding an amount exceeding the estimated price in order to raise the estimated price of the ordering party in participating in the instant bidding, and implemented it (hereinafter referred to as the “instant collusion”).
On August 27, 2018, the Plaintiff issued a corrective order and penalty surcharge payment order to the Plaintiff as follows (hereinafter the Plaintiff’s portion against the Plaintiff). 1. The Plaintiff, etc., etc., may not reconcilate the act of unfairly restricting competition in such a way as to reflect the amount exceeding the estimated price in order for three developed public enterprises, including C, to participate in the bidding for the purchase of reprocessing facilities, and to raise the estimated price of the ordering agency.
2. The plaintiff, etc. shall pay a penalty surcharge to the National Treasury as follows:
(a) Plaintiff 1: 2,390,000,000 won 2) E: 2,858,000 won;
(b) Payment deadline: Within the payment deadline specified in the notice of payment of penalty surcharges (60 days);
(c) Place for payment: The Bank of Korea receiving agency or post office;
C. On December 27, 2018, the Defendant rendered a disposition restricting qualification for participation in bidding (the instant disposition) for six months (from December 31, 2018 to June 30, 2019) on the ground of the instant collusion with the Plaintiff.
(d)
The Plaintiff filed a lawsuit against the Seoul High Court seeking the revocation of the instant Fair Trade Commission disposition (2018da 65738), and the Seoul High Court on June 24, 2020.