The appeal is dismissed.

Costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the termination date of the instant collaborative act No. 1, Article 19(1)1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) refers not to the date on which the agreement on pricing, etc. and the implementation based thereon was terminated, but to the date on which the implementation pursuant to the agreement was terminated (see Supreme Court Decision 2004Du11275, Mar. 24, 2006). This legal principle applies likewise to the case where there was a bid collusion on the determination of successful bidder, successful bidder, bid price, bidding price, etc. as prescribed by Article 19(1)8 of the Fair Trade Act and the implementation based thereon.

In addition, whether a collaborative act based on bidding collusion has been terminated should be individually and specifically determined on the basis of the content of the pertinent agreement by comprehensively considering various factors, such as the specific scope, mode, agreement, etc. of the intended act and the existence of a conclusive effect of restricting competition pursuant to the agreement (see Supreme Court Decision 2015Du37396, May 28, 2015). Examining the reasoning of the lower judgment in light of the record, the instant collaborative act 1 was terminated on February 11, 2020.

The lower court’s determination is justifiable in light of the aforementioned legal doctrine.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the time of termination of the collaborative act based on bidding collusion, or by exceeding the bounds of the principle of free evaluation.

2. As to the prescription of the disposition applicable to the collaborative act Nos. 1 and 2 of this case

A. The main text of Article 49(4) of the former Monopoly Regulation and Fair Trade Act (amended by Act No. 11406, Mar. 21, 2012; hereinafter “former Act”) which was in force at the time of the instant collaborative act No. 1 and 2, is the same.