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(영문) 광주지방법원 2016.01.14 2015구합11028
입찰참가자격제한처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The status of the parties is the company with the business purpose of manufacturing and selling electric equipment, and the plaintiff 2-electric power generation business cooperative (hereinafter "the plaintiff 2-electric power generation business cooperative") is a non-profit incorporated association established for the purpose of promoting the sound development of domestic electric power generation business and the promotion of mutual welfare among the members of the association according to the Small and Medium Enterprise Cooperatives Act, and promoting independent economic activities by carrying out collaborative projects, thereby promoting the economic status of the members of the association and the balanced development of the national economy. The defendant is a quasi-governmental institution under the Act on the Operation of Public Institutions established for the purpose of developing electric resources in accordance with the Korea Electric Power Corporation Act (hereinafter "Public Institutions Operation Act").

B. On October 23, 2014, the Fair Trade Commission decided 1) on the ground that the following acts, etc. of agreement on bid prices and quantities with respect to the mechanical electric meters and low-tension electronic electric system purchase bid ordered by the Defendant from 1993 to 2010, such as the Plaintiff, LSSP stock company (in the case of a stock company, the stock company is omitted), Korea Electric Cable Co., Ltd., constitutes an unfair collaborative act under Article 19(1)1 and 3 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”), pursuant to Articles 21 and 22 of the Fair Trade Act, the Fair Trade Act decided against the Plaintiffs pursuant to Articles 201 and 22 of the Fair Trade Act, on the ground that “The act of agreement on bid prices and quantities constitutes an unfair collaborative act under Article 19(1)1 and 3 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

. Joint determination of the value and volume of the power quantity supplied to the orderer No. 2014-234 of the Plaintiff Nam-gu, the amount of penalty surcharge imposed on the voting number corrective order.

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