공공조달절차상 컨소시엄 입찰에 대한 경쟁법의 적용에 관한 연구

Abstract

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.