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(영문) 서울행정법원 2019.12.17 2019구합75433
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 purposes and is located in Gangwon-do Group B.

B. On January 14, 2019, the Fair Trade Commission decided to take corrective measures against the instant company (hereinafter “instant resolution”), on the ground that: (a) the Plaintiff, C, D, E, E, F, G, H, H stock company, and I Cooperatives (hereinafter collectively referred to as “instant company”) participated in the two-stage competitive bidding under the contract with multiple suppliers of concrete inside Gangwon-do, which make the basic local government as an end-user institution (hereinafter “instant bidding”); and (b) the Plaintiff and D were exempted from the status of an investigator under 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) on the same day, the Plaintiff and D were exempted from the status of an investigator under Article 19(1)4 and 8 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”); and (d) on the same day, they were exempt from all of the aforementioned corrective measures.

1. The plaintiff, F Co., Ltd., C, D, and I Cooperatives, who is the core local government in Gangwon-do, shall not agree in advance on the successful bidder's participation in the second-stage competitive bidding with the majority of retaining walls block suppliers contract with the basic local government in Gangwon-do, and shall not reconvene the act of unfairly restricting competition by participating in the bidding;

2. The core persons agree to recognize the right of association of a company located in the basic local government while participating in the second stage competitive bidding of concrete protection and retaining wall block block, which is the basic local government in Gangwon-do as the end-user institution, and the person who has the right of association is the successful bidder, and the person who has no right of association shall participate as the successful bidder.

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