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(영문) 서울행정법원 2019.12.17 2019구합68138
입찰참가자격제한처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that mainly runs the business of manufacturing and selling concrete block for civil engineering, and is located in Hongcheon-gun in Gangwon-do.

1. The plaintiffs, E Co., Ltd., B, D, or H cooperatives shall not reconven the act of unfairly restricting competition by agreementing the successful bidder in advance and participating in the bidding process in which the basic local government in Gangwon-do is an end-user institution;

2. The respondent shall agree to recognize the right of association of an enterprise located in the basic local government while participating in the I tendering procedure for the basic local government in Gangwon-do as an end-user institution, and the contractor who has the right of association shall not be the successful bidder, and the entrepreneur who has no right of association shall not engage in any act unreasonably restricting competition in the manner of participation.

B. On January 14, 2019, the Fair Trade Commission decided to take corrective measures (hereinafter “instant resolution”) against the instant company in violation of Article 19(1)4 and 8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) on the ground that the Plaintiff, B, C, D, E, E, F, G, G stock company, and H cooperative (hereinafter “instant company”) participated in the IS bidding at which the basic local government within Gangwon-do is an end-user institution (hereinafter “instant bidding”) from March 2012 to June 2017, the company exempted the Plaintiff and D from the above corrective measures on the same day on the grounds that it is recognized as an investigator’s cooperation pursuant to Article 22-2(1)2 of the Fair Trade Act and Article 35(1)2 of the Enforcement Decree of the Fair Trade Act.

C. The Defendant is notified by the Fair Trade Commission of the instant resolution, and against the Plaintiff on May 23, 2019.

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