1. On January 12, 2017, the Defendant revoked the Plaintiff’s eligibility to participate in competitive tendering process open only to small and medium entrepreneurs, and two months.

Details of the disposition

Plaintiff

In addition, during the period from February 22, 2005 to May 24, 2009, 2000 companies engaged in collaborative acts in a way that the bid price was determined for each bid, and the bid price was mutually allocated through the method of designating the successful bidder-to-be et al.

(hereinafter referred to as “instant collaborative act.” On January 8, 2014, the Fair Trade Commission decided on corrective measures under Article 21 of the Fair Trade Act, imposition of penalty surcharges under Article 22, and accusation measures under Article 70 and Article 66(1)9 of the Fair Trade Act against each of the above companies on the ground that each of the above companies’ acts violates Article 19(1)1, 3, and 4 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

However, the Fair Trade Commission, as an investigator and cooperation under Article 22-2 (1) 2 of the Fair Trade Act, has decided to exempt the plaintiff from corrective measures, penalty surcharges, and prosecution on the ground that the plaintiff actively cooperated in proving the act of collusion in this case.

On March 25, 2014, the Public Procurement Service imposed a restriction on the qualification for participation in bidding for three months on the ground of Article 76 of the Enforcement Decree of the Act on Contracts to Which the State is a Party on the ground of the instant collaborative act against the Plaintiff (hereinafter “State Contract Act”).

On the other hand, on August 13, 2015, the Act on Special Amnesty and Special Reduction and Exemption was enforced in 70 weeks prior to August 13, 2015. On August 13, 2015, a disposition to restrict the qualification for participation in bidding that a constructor was receiving as of August 14, 2015. In the case of a disposition of improper participation in bidding due to bid collusion under the relevant laws, such as the State Contracts Act, even if a penalty surcharge was imposed by the Fair Trade Commission prior to August 13, 2015, the person who was not subject to the disposition of improper participation in bidding, and the company that reported voluntary declaration of collusion was also included in the subject of cancellation for 14 days from the date of public announcement.