이호영
2018-02-03T02:26:50Z
2018-02-03T02:26:50Z
2011-03
법학논총, 2011, 28(1), P.119-144(26)
1225-228x
https://www.kci.go.kr/kciportal/ci/sereArticleSearch/ciSereArtiView.kci?sereArticleSearchBean.artiId=ART001539017
Now it is generally accepted that it is crucial for national prosperity to enhance the efficiency of the public procurement by preventing anti-competitive practices. Since the number of potential bidders for public procurement contracts is small in most cases and the entry barrier to the market is high in most countries, the public procurement contracts are susceptible to various anti-competitive practices such as bid riggings. While forming a bidding consortium for large-scale public procurement contracts is common in Korea, there has been little competition law enforcement against bidding consortia for public procurement contracts so far and only a few academic discussions on the anti-competitive concerns associated with bidding consortia can be found. Rather the Korea Government Contracts Act and the government contract practices under the Act have encouraged bidding consortia for public procurement contracts. In contrast, the United States of America and other leading competition law jurisdictions have long developed legal principles regarding the joint venture and legislative measures for joint bidding or teaming arrangements in public procurement procedures. To secure the integrity and efficiency of public procurement procedures, proper legal standards for analysing joint-ventures and bidding consortia should be designed first in light of the relevant academic discussions and law enforcement experience.
이 논문은 2009년도 한양대학교 일반연구비로 지원되었음(HY-2009-G).
ko_KR
한양대학교 법학연구소
공공조달
입찰담합
컨소시엄입찰
공동계약
공동입찰
팀협약
경쟁법
조인트벤처
부수적제한
Public Procurement
Bid-rigging
Bidding Consortia
Joint Bidding
Teaming Arrangement
Competition Law
Joint Venture
Ancillary Restraints
공공조달절차상 컨소시엄 입찰에 대한 경쟁법의 적용에 관한 연구
A Study on the Application of the Competition Law to Bidding Consortia in Public Procurement
Article
1
28
119-144
법학논총
이호영
Lee, Ho Yeong
2012214068
S
SCHOOL OF LAW[S]
Hanyang University Law School
hoylee