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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 business operators’ organization consisting of those manufacturing and selling concrete products in B areas established pursuant to the Small and Medium Enterprise Cooperatives Act, and is a business operators with the purpose of jointly purchasing raw materials and concluding collective contracts for selling concrete products.
B. On January 14, 2019, the Fair Trade Commission decided to take corrective measures against the instant company (hereinafter “instant resolution”) by deeming that the instant company was engaged in an unfair collaborative act in violation of Article 19(1)4 and 8 of the Monopoly Regulation and Fair Trade Act while participating in the two-stage competitive bidding under a contract with a majority of retaining walls block block suppliers, which serves as the basic local government within B from March 2012 to June 2017 (hereinafter “instant bidding”).
(4) The Fair Trade Commission, however, shall not impose a penalty surcharge on the Plaintiff, G Co., Ltd., C Co., Ltd., C Co., Ltd., E Co., Ltd., and F Co., Ltd., Ltd., as the first instance trial, when participating in the second stage competitive bidding in the contract with a majority of retaining walls block suppliers, which is the basic local government within B, agreed in advance to the successful bidder and unfairly restricting competition by means of participating in the bidding.
2. The cores are participating in the two-stage competitive bidding of concrete protection and retaining wall block block suppliers contract with the basic local government within B as a procuring entity.