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(영문) 대구지방법원 2019.04.10 2018구합22670
입찰참가자격제한처분취소
Text

1. The Defendant’s restriction on the participation in a tendering procedure for 24 months from March 12, 2018 to March 11, 2020, to the Plaintiff on March 7, 2018.

Reasons

Details of the disposition

The status of the plaintiff in the position of the party is divided into several types according to the shape, material quality, specification, etc. of the narrow body, in which the shape of the cross-section is cut in its original form or in a shape.

A company engaged in manufacturing and selling B. The Defendant is a public corporation under the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”) that imports liquefied natural gas (LNG) and commercializes it to supply it to power plants, etc.

In order to install pipelines necessary for the supply of natural gas, the defendant makes a tender at the end of the immediately preceding year or at the beginning of the relevant year and purchases lectures.

The Fair Trade Commission’s resolution (hereinafter “Fair Trade Commission”) and the Plaintiff’s collaborative act committed a violation of Article 19(1)3 and 8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) on December 21, 2017, with prior agreement and implementation of Article 19(1)3 and 8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) in order for the Plaintiff, B, C, D, E, E, E, E, E, and F to avoid price competition from January 203 to December 2, 2013 in the total of 37 lectures ordered by the Defendant from January 2003 to secure the volume and quantity. The Plaintiff filed a criminal complaint against the Plaintiff.

The Defendant’s disposition of this case excludes 33 cases ordered by the Defendant from January 2003 to December 2, 2013, excluding 4 cases where a competitive bid was conducted differently from the collusion agreement (successful Bidder C and bidding date January 22, 2013) in the case of 37 bidding ordered by the Defendant, based on the above process resolution.

The collusion (hereinafter referred to as the “instant bid collusion”) is conducted in the process of the lecture purchase bid (hereinafter referred to as the “instant bid”).

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